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CC 1993-02-25 Minutes
r � j I �Ij INCORP- %.96 lit F - _ M s •� .1-ISSION OF IW IN+G HELD ON FEB RUARY 25, 1993 PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Cleric ITEM SUBJECT NO. LEGISLATION PAGE NO. 1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 2 SPECIAL ITEMS. 2/25/93 (A) PROCLAMATION: DIA DEL EQUIPO DE SOFT BALL CUBA EN EL EXILIO -- FOR WINNING III MUNDIAL (WORLD) SOFT BALL CHAMPIONSHIP., 2. (A) DISCUSSION CONCERNING PRESENTLY - INSTITUTED MORATORIUM BY METROPOLITAN DADE COUNTY FORBIDDING ANY NEW LINKAGES TO THE WATER AND SEWER SYSTEM IN THE CENTRAL WASTE WATER DISTRICT OF DADE COUNTY -- STATUS REPORT BY CITY MANAGER. (8) COMMISSIONER PLUMMER RAISES SERIOUS CONCERNS RELATING TO INABILITY OF CITY OF MIAMI RESIDENTS TO GET HOME INSURANCE FOLLOWING HURRICANE ANDREW. (C) BRIEF COMMENTS BY MAYOR SUAREZ URGING COUNTY MANAGER JOAQUIN AVINO AND/OR OTHER COUNTY / WATER AND SEWER AUTHORITY OFFICIALS TO COME BEFORE THE CITY COMMISSION IN CONNECTION WITH THIS ISSUE AT THE MARCH 25TH MEETING. 3. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: TRANSPORTATION PLANNING AND COORDINATION -- APPROPRIATE $155,000 CONSISTING OF GRANT FROM THE METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA (MPO) AND A CONTRIBUTION FROM A PRIVATE DEVELOPER -- ACCEPT GRANT AWARD AND ENTER INTO NECESSARY AGREEMENT(S). DISCUSSION 2/25/93 ORDINANCE 11038 2/25/93 2-15 16-17 4. COMMISSIONERS STIPULATE THAT CITY OF M 93-122 17-40 =- MIAMI WILL CONTINUE TO PARTICIPATE IN 2125/93 THE PLAN TO ASSIST AND RELOCATE THE HOMELESS PRESENTLY RESIDING IN AREA UNDER I-395 (THE "MUD FLATS") AND HONOR ITS COMMITMENT TO AGAIN CONTRIBUTE $100,000 AS SOON AS AN ACCEPTABLE - FORMULA IS DEVISED WHICH WILL ENSURE FAIR AND EQUITABLE FINANCIAL PARTICIPATION OF ALL MUNICIPALITIES. 5. EXECUTE AMENDMENT TO REVOCABLE PERMIT R 93-123 40-41 =_ (DATED MARCH 2, 1987) WITH SOUTHWEST 2/25/93 SOCIAL SERVICES PROGRAM, INC. -- TO -_ CLARIFY DESCRIPTION OF PREMISES UTILIZED BY THE CORPORATION AT A =_ PORTION OF FLAGAMI PARK AND TO ALLOW FOR UTILIZATION OF ADDITIONAL SPACE AT SAID PARK BY THE CORPORATION. 6. CLAIM SETTLEMENT: EMILIO ESTRADA AND R 93-124 42-45 HIS ATTORNEY ROBERT ROBBINS ($13,689). 2/25/93 7. DISCUSS AND REFER TO CITY MANAGER M 93-125 45-50 REQUEST BY MIAMI THUNDER MINOR LEAGUE 2/25/93 FOOTBALL FOR AN ADEQUATE SITE FOR STAGING HOME FOOTBALL GAMES -- STIPULATE COMMISSION SHALL BE BOUND BY -_ CITY MANAGERS DECISION. _ 8. GRANT FUNDING REQUEST BY REPRESENTATIVE R 93-126 50-55 OF HISPANIC COALITION, INC. ($39,591) 2/25/93 IN CONNECTION WITH ITS JOB PLACEMENT AND IMMIGRATION ASSISTANCE PROJECT. 9. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION 56-75 CODEC, INC.'S REQUEST FOR A REDUCTION 2/25/93 =- IN THE FACE AMOUNT OF LOAN PROVIDED TO THEM, AND PRESENTLY OWNED TO THE CITY, - IN CONNECTION WITH THE CONSTRUCTION OF INFRASTRUCTURE FOR THE MELROSE TOWNHOUSE PROJECT. 10. STATUS REPORT CONCERNING SITUATION DISCUSSION 75-79 RELATING TO . MS. STEPHANIE DARRING 2/25/93 (JERRY'S SUB SHOP) AND THE BAYSIDE CENTER LIMITED PARTNERSHIP. 11. RECONFIRM RESOLUTIONS 89-548 AND 91- R 93-127 468, WHICH ESTABLISHED: (a) THE FLAGLER 2/25/93 / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT, AND (b) THE FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION DISTRICT, DETERMINING THAT SECURITY AND SIMILAR SERVICES BE EXTENDED -- ELIMINATE STREET MAINTENANCE AS AN ASSESSED ITEM -- ESTABLISH AND LEVY SPECIAL ASSESSMENTS. 12. EXECUTE MODIFICATION TO CONTRACT (DATED R 93-128 OCTOBER 5, 1992) WITH THE WACKENHUT 2125193 CORPORATION -- FOR PROVISION OF ARMED PRIVATE SECURITY SERVICES FOR: (a) THE FLAGLER / CORE AREA SECURITY DISTRICT, AND (b) THE FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION DISTRICT -- EXTEND CONTRACT FOR ONE YEAR -- MODIFY TO PROVIDE ENHANCED SERVICES TO SAID DISTRICTS -- FUNDING PROVIDED BY SPECIAL ASSESSMENT ON BENEFITED PROPERTIES WITHIN SAID DISTRICTS. 13. (A) RATIFY MANAGER'S FINDING OF SOLE R 93-129 SOURCE -- WAIVE REQUIREMENTS FOR DISCUSSION COMPETITIVE BIDDING -- APPROVE 2/25/93 ACQUISITION OF A FLEET MANAGEMENT SYSTEM FROM FLEET ENGINEERING CORPORATION FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE / MOTOR POOL DIVISION. (8) STRONG COMMENTS FROM COMMISSIONER PLUMMER CONCERNING PRESENT DEPLOYMENT PROCEDURES USED BY POLICE DEPARTMENT 14. DISCUSSION CONCERNING PENDING DISCUSSION APPOINTMENTS TO PREVIOUSLY -CREATED 2/25/93 STRONG MAYOR COMMITTEE (Vice Mayor De Yurre appoints: Mikki Canton, Rosario Kennedy and Carlos Arboleya). 15. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONSIDERATION OF PROPOSED RESOLUTION TO 2/25/93 CLOSE PORTIONS OF N.E. 27 TERRACE, N.E. 1ST AVENUE AND N.E. 1ST COURT AS A CONDITION OF TENTATIVE PLAT NO. 1434, "OMNI ANNEX". (Applicant(s): C. Reboao and J. Russell) (See label 18). 79-85 86-87 87-116 117-118 119-126 Ell 16. DISCUSS AND CONTINUE (TO MARCH 25TH MEETING) CONSIDERATION OF AN APPEAL OF ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW A LESSER GREEN SPACE THAN REQUIRED FOR CONSTRUCTION OF A FAST FOOD RESTAURANT (BURGER KING) AT 1101 S.W. 22 STREET (Applicant(s): Jose Valle / Gull House No. 4 Ltd., owner. Appellant: Burger King Corp.) 126-129 ^17. GRANT APPEAL OF VARIANCE PREVIOUSLY R 93-130 129-136 DENIED BY ZONING BOARD TO WAIVE 5 OF 9 2/25/93 REQUIRED PARKING SPACES AND TO ALLOW A REDUCED REAR SETBACK FOR CONSTRUCTION OF A ONE STORY AUTO CARE SERVICE STRUCTURE AT 130 N.W. 22 AVENUE (Applicant / Appellant: Carlos Nunez). 18. VACATE AND CLOSE PORTIONS OF N.E. 17 R 93-131 136-138 TERRACE, N.E. 1 AVENUE AND N.E. 1 COURT 2/25/93 AS A CONDITION OF TENTATIVE PLAT NO. 1434, "OMNI ANNEX" (See label 15). 19. BRIEF DISCUSSION CONCERNING PROPOSED M 93-132 139-141 FIRST READING ORDINANCE TO AMEND 10544 2/25/93 (MCNP) FUTURE LAND USE PLAN MAP TO CHANGE LAND USE DESIGNATION AT 550 N.N. 42 AVENUE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL AND ALLOW AMERICAN WELDING SOCIETY / FRANCIS G. DeLAURIER (APPLICANTS) TO WITHDRAW COVENANT PREVIOUSLY REQUESTED BY THE COMMISSION IN CONNECTION WITH ADDITIONAL PARKING SPACES. 20. FIRST READING ORDINANCE: AMEND 10544 ORDINANCE 141-147 (MCNP) FUTURE LAND USE MAP -- CHANGE FIRST READING LAND USE DESIGNATION AT 2705 N.W. 22 2/25/93 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Zoila Guerra). 21. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 147-150 ATLAS -- CHANGE DESIGNATION AT 2705 FIRST READING N.W. 22 AVENUE FROM R-3 MULTIFAMILY 2/25/93 MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Applicant: Zoila Guerra). 22. SECOND READING ORDINANCE: AMEND 11000 TEXT (ART. 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SEC. 908.1O) -- PROVIDE MINIMUM LANDSCAPING REQUIREMENTS IN ONE -FAMILY, TWO-FAMILY AND MULTIFAMILY RESIDENTIAL DISTRICTS (Applicant: Planning, Building & Zoning Dept.). 23. FIRST READING ORDINANCE: AMEND 11000 TEXT (ART. 6, SD SPECIAL DISTRICTS, GENERAL PROVISIONS, SEC. 614. SD-14, 14.1, 14.2 LATIN QUARTER COMMERCIAL RESIDENTIAL AND RESIDENTIAL DISTRICTS) TO REFLECT MODIFICATIONS AND LIMITATIONS IN PERMITTED PRINCIPAL USES AND STRUCTURES, CONDITIONAL PRINCIPAL USES AND PERMITTED ACCESSORY USES, PROPOSED SIGN LIMITATIONS AND SPECIAL PERMITS (Applicant: Planning, Building & Zoning Dept.). 24. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT THE LATIN QUARTER SECTION OF THE PEQUENA HABANA (LITTLE HAVANA) NEIGHBORHOOD TO REFLECT: (a) DELETION OF SD-14.1 COMMERCIAL -RESIDENTIAL DISTRICT, AND (b) CHANGING SD-14.2 RESIDENTIAL DISTRICT TO READ AS SD-14.1 RESIDENTIAL DISTRICT (Applicant: Planning, Building & Zoning Dept.). 25. FIRST READING ORDINANCE: AMEND 11000 TEXT (ART. 6, SPECIAL DISTRICTS GENERAL PROVISIONS): (a) TO ALLOW AUTO CARE SERVICE CENTERS BY SPECIAL EXCEPTION IN SO-14 AND 14.1 DISTRICTS, AND (b) TO AMEND DEFINITION OF AUTO CARE SERVICE CENTER TO EXCLUDE THE DISPENSING OF FUELS -- DIRECT ADMINISTRATION TO CLARIFY LANGUAGE BY SECOND READING (Applicant: Planning, Building & Zoning Dept.) . ORDINANCE 155O-158 11039 2/25/93 ORDINANCE 158-159 FIRST READING 2/25/93 ORDINANCE 159-160 FIRST READING 2/25/93 ORDINANCE 161-171 FIRST READING 2/25/93 26. DISCUSS AND REFER BACK TO PLANNING AND M 93-133 ZONING BOARD (FOR FURTHER 2125/93 CLARIFICATION) PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT (ART. 4, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, AND ART. 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SEC. 937 ADULT ENTERTAINMENT AND ADULT SERVICES) -- TO PROVIDE AN EXCEPTION FOR SALE / LEASE OF LIMITED ADULT ENTERTAINMENT MATERIAL -- REQUEST PLANNING ADVISORY BOARD (PAB) TO: (a) CLARIFY OBSCENITY, AND (b) CLARIFY HOW LAWS CONTROLLING OBSCENITY CAN BE ENFORCED (Applicant: Planning, Building 8 Zoning Dept.). 27. (A) FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT (ART. 6, SEC. 602 AND 617, FIRST READING AND ART. 26) -- ADD PROVISIONS 2/25/93 REGARDING: (a) FLOOR AREA CALCULATIONS TO BE USED FOR PARKING REQUIREMENTS, AND (b) A PROCEDURE TO PERMIT PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING -- IN SD-2 AND SO-17 COCONUT GROVE DISTRICTS (Applicant: Planning, Building & Zoning Dept.). (B) FIRST READING ORDINANCE: AMEND CODE CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC) -- ADD NEW ARTICLE VIII: COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND, DESCRIBING PURPOSES FOR WHICH SUCH FUND IS ESTABLISHED, DEPOSITED AND SPENT (Applicant: Planning, Building A Zoning Dept.). (C) FIRST READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS) -- AMEND ARTICLE VI, SIDEWALK CAFES TO PERMIT NEW SIDEWALK CAFES IN CONJUNCTION WITH "FOOD ESTABLISHMENTS - TAKE OUT ONLY", PROVIDED THAT OFF-STREET PARKING IS EITHER PROVIDED, OR A FEE IN LIEU OF PARKING IS PAID (Applicant: Planning, Building 6 Zoning Dept.). 28. SCHEDULE PUBLIC HEARING CONCERNING M 93-134 EXPANSION OF EXISTING ROOF AREA OVER 2/25/93 PROPERTY AT 45 W. FLAGLER STREET (PAUL WALKER MINI PARK) FOR PROPOSED RESTAURANT AND MINIMAL RETAIL SPACE. E 171-196 197-235 235-237 29. GRANT $100,000 LOAN TO HAITIAN AMERICAN R 93-135 FOUNDATION, INC. TO OPEN A SALVATION 2/25/93 ARMY TYPE OF STORE -- CITY TO HAVE RIGHT OF AUDIT LOAN TO BE CUT OFF IF PAYMENTS ARE NOT MADE. 30. AUTHORIZE, IN PRINCIPLE, NON-EXCLUSIVE R 93-136 USE OF CURTIS PARK SPORTS STADIUM AND 2/25/93 ITS FACILITIES BY INTERNATIONAL SOCCER LEAGUE OF MINI, INC. -- TO CONDUCT A COMMUNITY -BASED SOCCER PROGRAM -- ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS -- AUTHORIZE CITY MANAGER TO ISSUE A PARK PERMIT. 31. CONTINUE ALL PLANNING AND ZONING ITEMS M 93-137 NOT TAKEN UP ON THIS DATE (PZ-8, PZ-9, 2/25/93 PZ-14, PZ-15) TO MARCH 25TH MEETING. 237-253 253-258 259 CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of February, 1993, the City Commission of Miami, Florida, met at its regular meeting place in the City Nail, 3500 Pan American Drive, Miami, Florida 1n regular session. The meeting was called to order at 3:13 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Mayor Xavier L. Suarez Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre An invocation was delivered by Mayor Suarez and Commissioner Dawkins then led those present in a pledge of allegiance to the flag. 1 February 25, 1993 o ------ -- ---- -------------------_,-----------------------_________-- -------------- 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) WINNING IIINMUNDIALE(WORLD)ODE SOFTSOFT BALLBALL CUBA EN EL EXILIO FOR CHAMPIONSHIP ------------------------------------------------------------------------------y — (A) Presentation to the III Mundial (World) Softball Championship champions of 1993, "Cuba en el Exilio." 2. (A) DISCUSSION CONCERNING PRESENTLY -INSTITUTED MORATORIUM BY METROPOLITAN DADE COUNTY FORBIDDING ANY NEW LINKAGES TO THE WATER AND SEWER SYSTEM IN THE CENTRAL WASTE WATER DISTRICT OF DADE COUNTY -- STATUS REPORT BY CITY MANAGER. (B) COMMISSIONER PLUMMER RAISES SERIOUS CONCERNS RELATING TO INABILITY OF CITY OF MIAMI RESIDENTS TO GET HOME INSURANCE FOLLOWING HURRICANE ANDREW. (C) BRIEF COMMENTS BY MAYOR SUAREZ URGING COUNTY MANAGER JOAQUIN AVINO AND/OR OTHER COUNTY / WATER AND SEWER AUTHORITY OFFICIALS TO COME BEFORE THE CITY COMMISSION IN CONNECTION WITH THIS ISSUE AT THE MARCH 25TH MEETING. ------------------------------------------------------------------------------ Mayor Suarez: OK. Ladies and gentlemen, we can move on as quickly as possible. Commissioner Plummer has advised us he's going to be a tittle bit late. If there is anyone on an item who wishes to be... — Commissioner Plummer: Give me two minutes. M)TE FOR THE RECORD: Commissioner Plummer entered the meeting a : p.m. Mayor Suarez: ...to have a... There he is. Then we can take up any items that require his intervention. I had suggested, fellow Commissioners, that we take up the whole issue of the sewer moratorium. The City Attorney has been kind enough to prepare some resolutions in regards to it, but I keep getting feedback from the Administration and, perhaps, some of the other Commissioners that the matter is well in hand. And unless anyone wants any further clarification, I am inclined to not get into it but we're placing a great deal of trust in our own Administration and that of the County. Hopefully, it will not be misplaced and we won't have any great consequences of it. Commissioner Dawkins: I'd like to know what is to be expected and when. Because like you said, this is very important and if a solution is reached, I'd like to know what it is and how we're going... and what's going to be done. 2 February 25, 1993 Mr. Cesar adio (City Manager): The County, at the present time, is negotiating with the State DORM (Department of Environmental Resources Management). They have three more meetings pending. They are going to propose to DERM a six -year plan to resolve the whole situation on sanitary sewers, and hope that once that plan is approved, which could be within a month or two, that we could resume normal operations. But it's important that they approve the six -year plan first. That is the State. The State has to make the final decision on this and we have had, for the first time, in the first meeting that the County had with the State last Monday, we had an Assistant City Manager there from the City as an observer. So, we are participating now in those meetings. Commissioner Dawkins: what I'm trying to find out, Mr. Manager, is what is the County promising the State that it will do to - and for the lack of a better word - encourage the State to hold off. That's what I'm trying to get to. Mr. Odio: Commissioner, I have not seen the plan, but it's a six -year plan and as soon as I have that plan made available to me, I will make it available to you. They're supposed to present their plan, I believe, March 18th to the State, so... Commissioner Dawkins: So, we are not sending a word to the County that we are going to buy into what you are proposing. We are sending the message to them that it's negotiable. Mr. Odio: Sure. Commissioner Dawkins: OK. Because there is a system, Mr. Manager, where they can go in and Insert a plastic pipe into the existing system and not have to shut the whole system down. So, I'll talk to you... Mr. Odio: Yes, sir. Commissioner Dawkins: ...you know, when you negotiate... There is a way, Mr. Mayor, that the whole system does not have to be shut down, that they can go and insert a plastic sleeve in the inside of it and they don't have to shut it down. Mr. Odio: Commissioner,,I will provide to you... It just got here, I think we have it... It's a letter answering all the questions we had and we'll be glad to provide you, you know, with all the information that we have from the meeting on Monday. But the letter is quite extensive and it covers all those points that you might have questions on. Commissioner Plummer: Mr. Mayor, let me ask a question. You made a comment before, which maybe is in the ball park, that new construction to this community is approximately $200,000,000 a year. Mayor Suarez: In the City of Miami. Commissioner Plummer: In the City of Miami. Mayor Suarez: Taxable. 3 February 25, 1993 U Commissioner Plummer: Correct. Now, Mr. Manager, what are we doing to tell the County that they've cost is $200,000,000 by their - I'm not going to say what I want - by their goofing off. Are they going to give this City any relief of that $200,000,000? =� Commissioner Alonso: It could be that amount or it could be higher... e hi Mayor Suarez: It could her. b g Commissioner Alonso: ...because we have no way to really predict the amount ... , Commissioner Plummer: Whatever that number... Commissioner Alonso: ...and also it means in areas where we have... let's _ say areas where the zoning is higher, and at the present time we have an old house, it could be converted, because it's legally zoned for higher density and then they will not be able to build anything else but what they have in existence - one single home - when in fact, they have capacity for 20, 50, ten, who knows the number of units that they could possibly build. Mr. Odio: Well, like... Commissioner Plummer: Well, what I... You know, I'm not getting into the zoning aspect, but the dollar aspect, where it's supposedly going to cost this community a tremendous amount of money. We gave them a system, they utilized our system, they are to provide, according to the contract, which they're not doing. What relief are they going to give this City for their ineptness, which is what I think is the best way that I can put it? Why should my people who gave them a $400,000,000 system have to suffer? I don't think that's right. Mr. Odio: Let's hope they won't have to. I feel, from listening to all those meetings, that there will be a solution within a month or two. Commissioner Plummer: Oh, OK. Commissioner Alonso: OK. Commissioner Plummer: Because if not, I'll tell you something... Mr. Odio: If not, then I will advise you and then the time will come... until some other action will have to be taken. But as of now, if the State approves the six -year plan, we will have normalcy back in a month or two. Commissioner Plummer: I would suggest, Mr. Manager, that you supply each one — of our offices with a current, even if it's on a day-to-day basis... where we have people calling us who are just finding out that they can't take out a building permit... Mr. Odio: I... 4 February 25, 1993 N 7r3 Commissioner Plummer: ...so that we can give these people the proper information that today might be giving them one information... Mr. Odio: No, Commissioner Plummer: ...which tomorrow changes in its entirety. Mr. Odio: Well, let's put it at... If it's individual homes, then will you please tell them to contact my office and we will try to expedite that permit? They will be... Send them to my office. Commissioner Plummer: Well, let me give you... All right. Let me give you one... What the hell is... That's a... That phone's not supposed to ring. Mr. Odio: But we don't... They will be reviewing each case individually. Commissioner Alonso: Do you have information that within a month they will be able to find relief as not only single homes... Mr. Odio: Yes. Commissioner Alonso: ...but larger density as well. Mr. Odio: We... They feel that within a month or two that they will have a solution approved and that that will relieve the problem. In the meantime, if you have a single home and it needs hooking up, they will submit the application to DERM, County DERM, and they will review it and then, possibly, could approve it. Commissioner Alonso: Because, Cesar, one of the things that bothered me is that they made arrangements in other areas of the County for large developments, but they forgot about the central area... Mr. Odio: Well... Commissioner Alonso: ...City of Miami, Hialeah, Coral Gables, Opa-locka - they forgot about these areas and I think it's unfair. Especially, the City of Miami in good faith gave these $400,000,000 to them, thinking that from that point on, the City of Miami was going to have full guarantee that the —, water was going to cost less to the citizens of Miami and that the sewer =P services were always to be available to us. And then, 1n fact, we find ourselves today with neither one or the other. Mr. Odio: They will agree, and they have, that they have no long-term -- planning, that they should have been planning ahead and they have said that, _-` as much... I do think individual homes, or small constructions, that if you send any request like that we'd be able to... we'd be glad to try to expedite... Commissioner Alonso: Well, the problem is that... As a matter of fact, they're not doing any exception with the single homes and I'll tell you why, because the service for one home is available. In those lots, and most of the City of Miami has... it's developed. So, what they are doing is what is - regular connection - that's not the problem. They are not doing any exception. - 5 February 25, 1993 P" Commissioner Alonso: And what I don't want there to make us believe that they're doing something for us in that sense. In single homes, they are not doing anything in our favor. What they are doing... What they have to help us is when it comes to building of units... Mr. Odio: Well, hope... Commissioner Alonso: ...large developments or commercial sites, as well... Mr. Odio: Right. Hopefully, that... Commissioner Alonso: ...that are going to be affected. Mr. Odio: Hopefully, that will be the solution... Commissioner Alonso: OK. Mr. Odio: ...that comes down in a couple of months. Commissioner Dawkins: Mr. Mayor... Mayor Suarez: Commissioner Dawkins. Commissioner Alonso: OK. Let's hope that will be the case. Commissioner Dawkins: I want the Mayor and the Manager to inform the County that according to the State of Florida, it's on capacity and all the houses that they pushed down Overtown, you've still got capacity. And therefore, on the basis, Mr. Mayor, of capacity, all the concrete structures that we pushed _— down Overtown had capacity. So, therefore, you can't deny me - and this is what J.L. is saying - the right to put that number of whatever you had there to get the same capacity in that area. That's the law. Mayor Suarez: That's certainly the way we hope it works. _ Commissioner Plummer: In particular, Mercy Hospital was concerned. They were getting ready, or are getting ready, to build an office facility and a parking structure. — _ Commissioner Dawkins: They did the wrong thing when they let you be born i there. -- Commissioner Plummer: But the question is, can they do it or they can't? Mayor Suarez. He was born at Victoria, though. Commissioner Plummer: I was born at Victoria. Mr. Odio: I think, right now they would not get a permit... Commissioner Alonso: Then while he's saying Mercy, then they can build. — ; 6 February 25, 1993 Mr. Odio: ...for a massive construction like that. In a couple hopefully. Commissioner Plummer; You know, I guess the thing that irritates me more than anything, the County knew about this for two years. OK? And they did everything they wanted to do and they told us about it the same day they told the public. And yet we are the ones who are on the hook. Let me tell you something. I'm going to read between those lines and I want to tell your it's going to be a cold day in hell if they don't straighten this matter out when they walk through those front doors. Mayor Suarez: Well, I have a procedural suggestion. In deference to the Administration's soft pitch approach on this, that we request, demand, dictate - whatever the word is - summon the attendance of high-level County officials to attend our meeting of March 25th. We do it in a nice voluntary way, under the assumption that in the next 30 days, as you have indicated, Mr. Manager, plus the last ten days of negotiations, we'll have some process. And if... I don't know how you want me to work the letter, Commissioners, but I'm inclined to say that if the County does not show up in the person of a high- level Water and Sewer Authority official, or the County Manager, or both, that we will then use any means to require their attendance, including subpoena. We can do it a nice way. I mean, I'm pleased to have received phone calls from Tony Clemente. I'm pleased to have spoken to Jorge Rodriguez, but I have not heard from the County Manager and frankly, at some point, I think the general public is also interested in the progress. Commissioner Alonso: Oh, yes. Mayor Suarez: I think we... an open session can ask a County official to be here. What's the big deal about it? So, we do it once the nice way and then once after that, we convene as an investigative body and issue a subpoena. And the City Attorney has told me we have that authority. If they want to test it, they can test it. Other people have tested it... Commissioner Plummer: Why would they be scared of attending to make known publicly what they know? Mayor Suarez: Very good question. Very good question. Commissioner Plummer: So, I think that that, you know, would put them in a bad light, if they didn't attend, that they have something to be scared of. And I'm sure they don't. They'd like to appear here and explain their position... Mr. Odio: Let me see how I can work the... Commissioner Plummer: ...and we'd love to have them do that. Mr. Odio: I'll tell you what's... Mayor Suarez: That gives them another 30 days. Mr. Odio: Yeah. 7 February 25, 1993 in _i Mayor Suarez: You've had ten or 15 to negotiate. This gives them another 30 days. Still... Mr. Odio: Go ahead and invite them. Go ahead. No big... - Mayor Suarez: ...no compulsive requirement. I mean, it's just a request and = then after that, we get tough. I mean, I don't know any other way of doing - Commissioner Plummer: Have they got 30 days? Commissioner Alonso: In the negotiations with the State, are you going to be present? Mr. Odio: Yes. In every meeting that they have. And in the letter -here, it tells you when the meetings will be held and where. In fact, in paragraph three... Commissioner Plummer: Yeah, there are three dates. Mr. Odio: In paragraph three of the letter that... We just got this letter. We're currently negotiating with FDER (Florida Department of Environmental Regulation) and anticipate a settlement in a few months. Commissioner Plummer: Mr. Mayor, may I broach another subject, along the same = lines of concern? Mayor Suarez: Yes. May I just ask him very quickly on the issue of our consultant now? You're still not recommending a consultant? Or are you looking at different alternatives? Or... Mr. Odio: Well, we... As you remember, I came... Mayor Suarez: Or is Jim Kay now wearing the mantle of... Mr. Odio: I would wait for the consultant. If we see no results happening, and then at that time we really need to look at the whole thing and then use the consultant to prepare,us... Mayor Suarez: Is Jim Kay someone who we could ask about Commissioner Dawkins' ideas of sleeves in the pipe, etcetera? I mean, are you prepared, Jim, to advise us on this kind of thing... Mr. Odio: Yeah. - Mr. Jim Kay: Right. Mayor Suarez: ...and alternatives? Mr. Kay: The sleeves in the pipe, that is called sliplining and that is a — process that is used to protect the... _ —, 8 February 25, 1993 —�r U Mayor Suarez: It seers like a beck of a lot more expeditious than building another whole pipe that takes three years. Mr. Kay: Well, it doesn't increase capacity. It just... It's... Mayor Suarez: We understand that the seepage from the rain water and sea water is as much as 25 to 40 percent of the problem. If that's the case, the sleeves do solve that, Mr. Kay: Well, they've been doing that. The Water and Sewer Authority has been doing that in Dade County and in the central district they've been doing a lot of sliplining work. But on the old... Mayor Suarez: Flow much is a lot? Can you do the whole pipe and can we solve the problem of leakages, so at least the media doesn't make it sound like all of a sudden we're going to have an explosion out there? Mr. Kay: They've been doing the larger transmission lines, which are usually your lines that are deeper in the ground and... But the smaller pipes... Mayor Suarez: The one out to Virginia Key, that's the big problem, isn't it? Mr. Kay: The one off Virginia Key, that's what I'm saying is, if you slipline that, that's only done just to protect the structural integrity. It doesn't increase capacity of that line. Mayor Suarez: It doesn't increase capacity, but does it not also solve the problem of the certain amount of fluids getting in there, or certain amount of flow into it? Mr. Odio: The problem... Mr. Kay: No. Mr. Odic: As I... Mr. Kay: No. Mayor Suarez: No? Mr. Odio: And I'm not an expert. Commissioner Alonso: No? Well... Mr. Odic: What I learned is that the problem is the last three months it has been raining hard and the water table is so high that the pipes are full. That's the problem. The capacity is... Mayor Suarez: Yeah, because there is seepage in there, but it's not supposed to be for rainwater. Mr. Odio: There is no... Mayor Suarez: It's supposed to be for... 9 February 25, 1993 Mr. Odio: What's lacking now is the volume that can go through those pipes, not leakage. Mayor Suarez: No, I understand as much as 25... Commissioner Dawkins: OK. Mr. Mayer... Mayor Suarez: Yeah. Commissioner Dawkins: ...I think somebody needs to tell somebody that this Commission 1s only concerned that construction does not stop. Now, if you have to put the sleeves in the pipe while our construction goes on and you construct another pipe, that's not our problem. Our problem is that within the City of Miami, that we are allowed to continue to build. Now, don't tell me about that will not increase the capacity. That's not my problem. See, now if you have to go and build another pipe to increase the capacity, and that's going to take five and six years, that's your problem. See, go ahead and put the sleeves in while you decide to build the other pipe. Now, that's how I feel. Mr. Odio: Yes, sir. Mayor Suarez: Are we prepared with our own staff then, for the moment, to deal with this? Are you saying you don't need a consultant? Mr. Odio: We all... Mr. Kay: At the moment, I don't think we need a consultant. Mayor Suarez: All right. Mr. Olio: We all agreed to that. Unless we see that then this thing begins to... then I would come back. Mayor Suarez: All right. I'm finished... Commissioner Plummer: Well, we meet in again - what? another ten days? less than that. Mr. Mayor, I'm also concerned about people in this City who cannot get insurance on their homes. About companies... Commissioner Dawkins: Is that your pocket item? Commissioner Plummer: It's not a pocket item, no. Commissioner Dawkins: OK. All right. I'm just asking. Commissioner Plummer: I think that this City Commission needs to do something, within the insurance commissioner of the State of Florida, because I happen to be one of those people whose insurance company I was a casualty of 10 February 25, 1993 t Ocean. And I want to tell you, the only way that I'm getting insurance for my -_ home today, is they doubled the amount of the deductible and I am paying 26 percent more premium than I paid last year for exactly the same coverage. Now, that's not really mar problem. There are many, many people who they're not even writing and refuse..* major companies are refusing to write insurance policies on homes in the City and in the County. And I think we owe it to the people of this City to do something to force these companies... Mr. Odio: Well... Commissioner Plummer: ...either you're going to write insurance or get the hell out of our City. -_- C Mr. Odio: Why don't you pass a resolution to send to Tam Gallagher. Maybe.., I don't know 1f that will do any good... Commissioner Plummer: Well... Mr. Odio: ...but they have a problem in South Dade also and in the... Commissioner Alonso: Didn't they say they would... Commissioner Plummer: You know, the problem 'In the County is more so about the elevation. Mayor Suarez: For the uninsured? Commissioner Alonso: Yes. Commissioner Plummer: OK? But I think that this City... We've got it here, too - the elevation problem? Commissioner Alonso: No, but they were working on a plan... Mr. Kay: They were working on a plan in Tallahassee. Commissioner Alonso: They have a plan, that's what I read. Commissioner Plummer: Well, when are the people of this City going to be able to buy insurance? Because the governor got on TV yesterday... Commissioner Dawkins: You just said, we can't afford it, J.L. It's not a matter of buying it, you can't afford it. Commissioner Plummer: Even if you could afford it, it's not available. Mayor Suarez: J.L., the flood problem comes in... Commissioner Plummer: And primarily... Commissioner Alonso: They are forcing the companies... Mayor Suarez: The flood problem comes in when you have more than 50 percent damage and then as you rebuild you have to then abide by the flood criteria, 11 February 25, 1993 } which means you have to have a whole story and that's where the cost co mt up and the insurance does not cover that. Commissioner Plummer: Did you see what that's costing:? Mayor Suarez: So, in 6e City of Miami we have not had, I think, a single home that has had... Commissioner Plummer: That's costing forty to fifty thousand dollars just to elevate it. Mayor Suarez: Yeah. It's a mess in South Dade. Commissioner Plummer: Mr. Mayor, I would offer a motion, at this time, that this Commission, if nothing more, go on record to the State Insurance Comissioner's Office that we are extremely concerned about the people of our City who find it almost immpossible, if not Impossible, to find insurance and the tremendously high premiumms, if they're able to find and the aumount of deduction that they are taking out of these policies. And I would move that we make it known to the State Insurance Commmissioner that we are very concerned about it. I would so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? Commissioner Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I agree with J.L. and if this Commission were to instruct the Manager to prepare that letter, since I'm going to Tallahassee in the morning, I would personally deliver it to the Insurance Commissioner or his office. But as J.L. said, my house was damaged. I was with Reliance} they've gone out of business. They've given me until May I. to get insurance. The guy has told me that my roof must be fixed and if I want to get a reasonable -- and that's why I tell J.L. you can't afford it - a reasonable rate, I must put shutters in every window and if I put in a silent alarm... I mean, it's... They've got so many catchalls, until it makes the cost almost prohibitive, J.L. Commissioner Plummer: Well, look at the new thing that they're talking about. The State would fomm itself as an insurance company, but they would pay out a maximum, on any one catastrophe, of one billion dollars. Andrew cost, at the last estimate that I heard, 16 and a half billion dollars, and yet the State says, any catastrophe in the future, they're only going to pay out one billion. It's crazy. It doesn't make sense. Commissioner Dawkins: And you and I pick up the rest. All the taxpayers will pick up the rest, that the insurance company... Commissioner Plummer: Cod help us. God help us. 12 February 25, 1993 Commissioner Dawkins: OK. Mayor Suarez: All right. Commissioner P1umer: OK. Commissioner Dawkins: Are you going to prepare that for me to take in the morning, Mr... Mr. Odio: Yes, sir. Commissioner Dawkins: OK. Thank you. Mayor Suarez: On the other matter, Mr. Manager, there are certain innuendos, rumors, suggestions, that the County Manager has a problem with the Mayor of the City of Miami and that's why we haven't got the cooperation... Commissioner Plummer: Hell, he's not alone. Mayor Suarez: ...that we expected on this issue. If that is the case, and if that comes up, I hope you convey to him that we are indeed involved in endorsing candidates for the County Commission elections. I suspect I'm not the only one on this Commission who is helping people. We are indeed concerned about the administration of the County. We are indeed against the salary pay to the County Manager and any indication, to me, that he has a problem with my suggesting that he is paid more than we should pay to the County Manager wilt only convince me that he is paid even more than he is worth, at least prior to m► such reckoning, and all the other implications of that statement. I have not, I think, in eight years of being here, made such a strong statement about anybody. I want to get the full cooperation of the County in this matter. It is their failing that has gotten us to this juncture. I want the builders to here that. They are building in the City of Miami. We need development in the City of Miami. The idea that we have a moratorium is preposterous. It was raised on this Commission by Commissioner Alonso, rightly so and what we get is all kinds of behind -the -scenes assurances... Commissioner Plummer: Who raised it? Mayor Suarez: ...that it's all going to be solved. Commissioner Plummer: I raised it with you. Mayor Suarez: I want them to come here on the 25th in the appropriate person and if the... Mr. Sloan, who directs Water and Sewer Authority, is not feeling well, then send his assistant and I won't say anything more about what I would do if the director is not in shape to handle these issues, frankly, because I don't want to comment about somebody who is not feeling well. But my memo speaks to all of this and it's for the record and I hope that message gets conveyed back. We want solutions to this and we want them on the record, in front of the people of the City of Miami who are watching this and who are going to have the problems that were indicated by Commissioner Alonso and Commissioner Dawkins when they try to do their sewer hookups. We've had 13 February 25, 1993 nonprofit entities in the City of Miami. Dewey Knight was telling me the other day, he's got a problem with one of his projects, and some other people, let alone the individual who wants to just connect a small shopping center, or a small apartment complex. And of course, it is needed for our tax base, too, as was pointed out here, to the tune of about $200,000,000, as Commissioner Plummer indicated. Some years we do have a lot more than that. If it stops, folks, the unions... if it stops - where is Charlie Cox? - there goes... there goes one or two percent, Charlie, of... Commissioner Alonso: fifes. And as a matter of fact, they have spoken... Unidentified Speaker: From the ten percent, right? Mayor Suarez: Yeah. Unidentified Speaker: From the ten percent. Commissioner Alonso: Yes. And let me tell you something, they are talking about four years. It's not a few months, it's four years. Mayor Suarez: They... Commissioner Alonso: That's a long time and, Mr. Mayor, it's something that they knew for ten years. There's no question they knew about this problem. It was coming. It was serious. Mayor Suarez: The studies have been going on for two years. Commissioner Alonso: Of course. Mayor Suarez: J.L. was saying that a couple of minutes ago. They've been studying it for two years. Whether they do it underground, whether they do it over ground, whether they do it over water, whether they put sleeves - do itl Like the commercial says - fix itl Commissioner Alonso: But it's only the central area the one affected. Commissioner Plummer: Well, there's a reason... Commissioner Alonso: And that bothers me. Commissioner Plummer: There's a reason for it. Commissioner Alonso: That really bothers me. Commissioner Plummer: The reason for it is the central pipeline originally is the only one that was here. We gave the system to Dade County, there was no north or south line. And the reason we gave the system to the County was the only federal monies available said that it had to be for a regional concern. When we gave them that, then the feds came up and put up the money for the north line and the south line and redid the central line, but not from the river to Virginia Key, but from Virginia Key, where it originally used to go out 1,800 feet, it had to go out one mile. They never did anything to do from the Miami River over to Virginia Key. So, that's why the central line is the 14 February 25, 1993 very, very old line, where the north line and the south are new, relatively -- new. Commissioner Alonso: Well* but they were having problems in the north section and they took care of that problem and it's going to be resolved. Commissioner Plummer: It can't be the same problems, because it's a much newer system. Commissioner Alonso: Indeed. Would you address this issue of the portion that is going to be available within a year, that they knew they were going to have problems and they resolved that section? Remember that the first meeting that we attended, they made reference to? Do you remember, Wally? Do you remember the area that was also... It is included now in the moratorium. Mr. Wally Lee (Assistant City Manager): Yes, it is. Mr. Kay: Yes. There is an area up there. Commissioner Alonso: But it's going to have relief in the next few months and within a year has been resolved, when in our case it's... Mr. Lee: That is correct. Commissioner Alonso: ...longer than four years. Mr. Kay: That's correct. That's connected to this, to the north district plant, that area up there, the north... Commissioner Alonso: And they were having problems as well. Mr. Kay: And they were having problems, yeah. Commissioner Alonso: And they knew, and they addressed that problem. But they didn't make reference to ours. They also discussed these builders several months ago, making arrangements to have service available to them in other areas. Why didn't they do it with our area? Why didn't they look at possibilities of resolving that situation? This is too serious for the City of Miami and we really will have to be very aggressive, if they cannot find a solution as the Manager is hopeful they will, within a month. Commissioner Plummer: You'd better inform the 500 employees who are liable to get laid off. And I'll tell you, you get a 500 voice down at that County, screaming and hollering, they might just listen. Hello? What happened to the Mayor? Are we calling collect? Unidentified Speaker: He's crying. Commissioner Plummer: He's crying? Oh, OK. Commissioner Alonso: Well, I'll tell you something, that this is one that makes you cry. Commissioner Plummer: Who is the Vice Mayor? 15 February 25, 1993 E Commissioner Alonso: He's not here. 3. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: TRANSPORTATION PLANNING AND COORDINATION -- APPROPRIATE $155,000 CONSISTING OF GRANT FROM THE METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA (MPO) AND A CONTRIBUTION FROM A PRIVATE DEVELOPER -- ACCEPT GRANT AWARD AND ENTER INTO NECESSARY AGREEMENT(S). ------------------------ ------------------ Commissioner Dawkins: Move the item. Item 1. Commissioner Plummer: I move it, second reading. Commissioner Alonso: Second. Commissioner Plummer: Read the ordinance. Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "TRANSPORTATION PLANNING AND COORDINATION"; APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $155,000 CONSISTING OF A $120,000 GRANT FROM THE METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA "MPO", $35,000 FROM PRIVATE DEVELOPER CONTRIBUTION, OF WHICH $5,000 IS AN OVERMATCH; MAKING APPROPRIATION; FURTHER, AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MPO; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 14, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Corrmissloner Miller J. Dawkins Commissioner J.L. Plummer, Jr. "or Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre 16 February 25, 1993 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11038. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 4. COMMISSIONERS STIPULATE THAT CITY OF MIAMI WILL CONTINUE TO PARTICIPATE =_ IN THE PLAN TO ASSIST AND RELOCATE THE HOMELESS PRESENTLY RESIDING IN AREA UNDER I-395 (THE "MUD FLATS") AND HONOR ITS COMMITMENT TO AGAIN CONTRIBUTE $100,000 AS SOON AS AN ACCEPTABLE FORMULA IS DEVISED WHICH — WILL ENSURE FAIR AND EQUITABLE FINANCIAL PARTICIPATION OF ALL MUNICIPALITIES. Commissioner Plummer: Is this the same $100,000 that we gave before? Mr. Cesar Odio (City Manager): No, sir. No, let me explain. No, sir. Commissioner Plummer: Is the second $100,000? Mr. Odio: Yes, sir. Commissioner Alonso: Law Enforcement Trust Fund. Commissioner Plummer: Like hell, you say. Mr. Odio: We had the... Let me tell you what happened. We... Commissioner Plummer: Not on my vote. Commissioner Dawkins: I don't care what happened. Commissioner Plummer: You can talk all day long. Mr. Odio: Well, let me... Commissioner Plummer: You're wasting your breath. Mr. Odio: The State is putting up another $100,000. Dade County also and we have... This... With these monies, we probably... Commissioner Plummer: How much did Coral Gables put up? Mr. Odio: We went through that before, Commissioner. You know... Commissioner Plummer: Hold much did Miami Shores put asp? Mr. Odio: OK. It's your choice to give it or not. Commissioner Plummer: OK. 17 February 25, 1993 All I can do is we need... We are under a subpoena to clean up the from the... And.., Commissioner Plummer: Put you in jail. I move this item be deferred. Commissioner Dawkins: Second. -= Mayor Suarez: Moved and seconded. We would have a stalemate, I guess... Mr. Odio: Yeah. Mayor Suarez: ...if the other two were inclined to go against the motion. I would prevail upon the Commissioners to remember that this is all part of a major, major effort. Commissioner Dawkins: No, the only thing I have... find wrong with this is I get tired of this being done without any prior notice. OK? If they had told me before, they would have known I was going to vote no and we wouldn't have been... I wouldn't have been embarrassed. Commissioner Plummer: You know, every time this appears on CNN, we get another 1,000 of these people here. Come on down. You've got free housing, you've got food, you've got everything. Come on down! Commissioner Dawkins: And the thing, Mr. Mayor, that really burns me up is everybody sits out there, points the finger to the City of Miami and says, the housing situation belongs to the City of Miami. It's Miami's housing problem. Miami treats the homeless like dirt. Miami doesn't do this for the homeless. But every other municipality takes them to the City of Miami's tine and turns them loose. Not only that, when they are picked up in Bat Harbor, they are taken to the City... to the County jail in the City of Miami. They have no reason to hold them, the next day they are released, because there is nothing to charge them with. The people in Bat Harbor do not come back to the jail and pick them up. They push them out the door, they gravitate under 395, I-95 and to the beach. As we keep saying... Commissioner Plummer: When is the... Commissioner Dawkins: ...Coral Gables doers not put a penny. Commissioner Plummer: And they have none. Commissioner Dawkins: Key Biscayne puts no money. Commissioner Plummer: That's where the judge lives. Commissioner Dawkins: Bal Harbor puts no money, the City of North Miami Beach puts no money, Hialeah puts no money, but all of these municipalities point the finger to Miami and say Miami's has got a problem. And then along comes the ACLU (American Civil liberties Union) and says, "Hey. Miami, you all have got to do better." Commissioner Plummer: And they laugh like hell. 18 February 2.5, 1993 9 Byrn, Commissioner Dawkins: Here comes the State of Florida - I'm sorry, not the State of Florida - HRS (Health A Rehabilitative Services), "You've got to do better." But nobody comes rap with any money. And now, the money that I want = to help the youth of the City of Miami with, to do something, every time I took, you're reaching into the law Enforcement Funds for... Commissioner Plummer: Welcome home! Commissioner Dawkins: ...this money, because it's free money. There's never been any such thing as free money. Commissioner Plummer: You know, it's funny that there is not a single homeless person in the City limits in which where the judge resides. Now when, Mr. City Attorney, is this matter going to be put into court with a — decision made where we can appeal? I mean, enough! A. Quinn Jones III, Esq. (City Attorney): What are you talking about? The home... Yeah, it's... Commissioner Plummer: Yeah, the homeless. Mr. Jones: We are on appeal now. The only thing that... Commissioner Plummer: And when will the appeal be heard? Mr. Jones: Remember, the only aspect of the case that has... that Judge Atkins, of course, didn't rule on, of course, was the damages issue, but we've appealed the first part of the case which dealt with the liability issue. I can't tell you when it's going to... We haven't received any briefing schedule from the Court of Appeals yet, but I venture to say it won't be any time soon. Commissioner Plummer: Why, Mr. City Attorney, is... Mr. Jones: Um-hmm. Commissioner Plummer: ...or Mr. City Manager... Hello? Do we have a City Manager? Mr. Odio: Yes, sir. Commissioner Plummer: Oh, we do? Oh, it's an empty chair. Oh, yes. Mr. Odio: I thought you... Commissioner Plummer: Why, Mr. City Manager, is it not a formula devised in which all of the cities of this County participate and donate? Mr. Odio: Well, I don't... Commissioner Plummer: Why isn't it... You know... 19 February 25, 1993 Mayor Suarez. We're quite close on the entitlement cities. Commissioner Dawkins... Commissioner Plummer: We... Remember, Mayor Suarez: ...is correctly, and you're correctly alluding to the fact that the problem is found throughout the County, everybody has contributed. Commissioner Plummer: But, Mr. Mayor... Mayor Suarez: But LETF funds typically are obtained by the City Police Department. Entitlement... Commissioner Plummer: Likewise, the same in Miami Shores, in Coral Gables... Mayor Suarez: Well, they don't have too many of the big drug deals. They don't have the... Commissioner Plummer: Hogwash! Let them put in their percentage. Mayor Suarez:: Or maybe they don't eradicate them, they don't fine them, they don't seize the property. �! Commissioner Plummer: Let me tell you... Commissioner Dawkins: OK. Mr. Mayor, I will tell you what. —; Mayor Suarez: No, what I was getting ready to say, I'm sorry if I mentioned —,j the LETF... Commissioner Dawkins: Mr.. Mayor... { Mayor Suarez: Let me just answer his question, please. The other cities, J.L., are being asked to plunk in, to put into the fund, from the Community Development Block Grant monies, a similar figure. Hialeah, Miami Beach and the County... ;i Commissioner Plummer: They haven't done a dime. r Mayor Suarez: Hialeah has agreed to. Miami Beach, hopefully, will agree to. =i I don't have an answer from the County, but then that's pretty much what I've been saying all day... =� Commissioner Plummer: Mr. Mayor, if they want to cone up... _ Mayor Suarez: ...that I don't have an answer from the County on a lot of things. - Commissioner Plummer: If they want to come up with a formula that, based on population, each community shall donate ten cents or 20 cents... It's a hell _ �j .o of a figure when you... you know... OK? — �' -1 Mayor Suarez: That's what Miami Beach wants to do. 20 February 25, 1993 Em _ r 0 Commissioner Dawkins: I'll tell you what... Commissioner Plummer: That... Then let me tell you something, I'll do my fair share, as the City of Miami. Whatever that formula is, that every other — City in this community is,in... Mayor Suarez: That's what we're working on for the entitlement cities. Commissioner Plummer: Yeah. But, Mr. Mayor, let's not go where this hogwash that this so-called "Homeless Committee" 1s coming up with. Do you know what they're... Mayor Suarez: No, no. This is the Mayor's consortium. This is the League of Cities. You work with them. This is not the... - Commissioner Plummer: That's true. Mayor Suarez: Right. Commissioner Plummer: But let me tell you, I will not vote for this two percent resort tax that... one percent that they want to take the first year and give 65... or 100 percent the first year to the homeless and from that point on, they're going to give 35 percent to the homeless and 65 percent to = the cultural and performing arts. That is the biggest sham that has ever come down the pike. Mr. Odio: No. _ Mayor Suarez: Wait, wait. Don't get into that. We're back on the topic of the $100,000, Commissioner Dawkins. Commissioner Dawkins: Mr. Mayor, I would... Commissioner Plummer: No, it is part of the... It is part of it. Commissioner Dawkins: ...offer... instead of the withdrawal motion, I'd like to offer a substitute motion. Listen closely, J.L., because I'll need your support. Commissioner Plummer: That's fine. I'll vote for that. I told them. Commissioner Dawkins: OK. Commissioner Plummer: What was your... _ Commissioner Dawkins: That... My motion is... — Commissioner Alonso: Substitute motion. Commissioner Dawkins: .,..we give the $100,000 and that the Manager come up with a second $100,000 and we lease buses and we go under 395 and anybody who wants to go to Bal Harbor, we take them. Anybody who wants to go to Coral = Gables, we will take you and put you out at the City lines. _ 21 February 25, 1993 Commissioner Plummer: Voluntarily. Commissioner Dawkins: Voluntarily. Commissioner Plummer: Of course. — Commissioner Dawkins: You will get out. And anybody who wants to go to Key - Biscayne, we will take you to Key Biscayne voluntarily and put the... Commissioner Alonso: And we offer to take vans with food. Commissioner Dawkins: That's right. And we will.., Now... And we will get our vendors in the City of Miami who have restaurants to donate food which we could take to them over there in those settings. And that's my substitute motion. Commissioner Plummer: What was the original motion to substitute? Mr. Odio: I think what happened... Commissioner Plummer: Well, you know, let me tell you something. I'll make you a motion right now. Let's see if we're honest and truthful. I'll make a motion that as soon as a formula is developed for all of the population of Dade County, that this City will enter into and pay its fair share, as long as all others are paying the same percentage, predicated on population. I'll move that. Mr. Odio: But the problem is, Commissioner, that in the meantime we have people living in the mud flats... Commissioner Dawkins: OK. Well, let's get through one motion first. I second that motion. We've got... No, my substitute motion died for the lack of a second. It's nothing. NOTE FOR THE RECORD: Vice Mayor De Yurre entered the meeting a p.m, Mr. Odio: Commissioner Dawkins... Commissioner Plummer: Substitute to what? Commissioner Dawkins: The other motion was to defer, which is still on the table. Now, J.L. has made another substitute motion... Commissioner Plummer: What was the original? Commissioner Dawkins: ...or primary... motion, J.L.? Commissioner Plummer: Primary. 22 Was it a substitute or primary = February 25, 1993 Commissioner Dawkins: with... All right. J.L. evidently has withdrawn the Motion to Commissioner Plummer: To defer. Commissioner Dawkins: ...to defer... Commissioner Plummer: Right. Commissioner Dawkins: ...and offered another motion in its place. Commissioner Plummer: That's correct, sir. Commissioner Dawkins: So, that's... We've got one motion, Mr. Vice Mayor. Vice Mayor De Yurre: You know, I'm kind of sorry that I kind of walked in `— late. I feel like I walked into the OK Corral. You know, I walked into the = middle of it. Commissioner Plummer: Yeah. It's too bad you didn't walk in with a gun. Vice Mayor De Yurre: You know what? No, but I can shoot pretty well. _— Commissioner Plummer: From the hip. Vice Mayor De Yurre: I can... That's right. That's right. OK? And let me _ - tell you... Mayor Suarez: Mr. Gonzalez-Goenaga. Vice Mayor De Yurre: ...you know, we... And I understand your concern. I understand your philosophy of saying, "Hey, we're willing to...' Commissioner Plummer: Do our fair share. Vice Mayor De Yurre: '...to do our fair share...' Commissioner Plummer: That's right. Vice Mayor De Yurre: '...provided everybody else pulls in., But the thing is, the problems that we have 1n downtown Miami, that we have in the City of Miami, are not the same problems that are shared in Coral Gables, are not the same problems that are shared in Miami Springs, are not the same problems that are shared in Hialeah Gardens. - Commissioner Plummer: Because we're giving them everything they want. �n Mayor Suarez: Well, I've... — Vice Mayor De Yurre: That's right. So, we have to take an initiative of saying, hey, we're going to deal with our problem and tackle it. ` Mr. Odio: Eighty-seven of that money, of the first 100, went to... —" 23 February 25, 1993 rAO&,...:. Vice Mayor De Yurre: We will never get beyond this talking BS stage, if we wait for everybody else ,to pull in. It's not realistic. It's not doable. And I have no problem giving the $100,000. In fact, I've got no problem setting up a program that entails more money to be given, because the downtown area, which is 30 percent of our tax base, is hurting and it's hurting badly. Mayor Suarez: Commissioner... Vice Mayor De Yurre: And we need to do something about that. Mayor Suarez: ...the suggestion has been made by Commissioner Dawkins that we spend an additional dollar for each dollar that we're going to do on this, for monies that would be used to transport people... Commissioner Dawkins: Out of downtown. Mayor Suarez: ...away from that area. If the Manager wants to, in his discretion - because apparently a lot of the people are moving out, are in fact leaving... No, no. It has nothing to do with the lawsuit. Mr. Odio: ...we cannot do. Commissioner Alonso: Why not? Mayor Suarez: If we can move them from there to a comparable facility, Mr. Manager, I can't imagine that the judge would not permit... Commissioner Plummer: You're kidding yourself. Mayor Suarez: ...moving from there, and putting them on a bus, if they wanted to go somewhere else. Vice Mayor De Yurre: OK. Mayor Suarez: And I understand many of them, in fact, do want to go to other places. What percentage would you say? About ten percent... Mr. Odio: Well... Vice Mayor De Yurre: Well... Mr. Odio: Yeah. Mayor Suarez: ... - thank you - are roughly those who want to go to other places. We can give them discretion. Commissioner Alonso: ...^it's a beautiful place. Vice Mayor De Yurre: Well, I thought that Miller was referring to taking them to Bal Harbor to go shopping, not to stay there forever. Commissioner Plummer: Hey, you know, let me tell you. We gave the first $100,000. We gave a hundred, the County gave a hundred and the State gave a hundred. = 24 February 25, 1993 - mayor Suarez: Right. Commissioner Dawkins: No, this is another one. This 1s another one. Commissioner Plummer: We have not had one iota of help from anybody else. Commissioner Dawkins: This is another one. Mayor Suarez: We did,,. No, he means the one... Commissioner Plummer: Why should the people of this City have to pick up the _ tab? Only this City. Commissioner Dawkins: No, it's another one. Commissioner Plummer: It's ludicrous. =- Mr. Odio: Well, what happened... just... Mayor Suarez: Mr. Manager, we've got a little confusion here. Mr. Odio: Yeah. It's an additional... We... Mayor Suarez: When was the last time that we awarded $100,000 from the LETF? Commissioner Plummer: Two weeks ago. = Commissioner Alonso: Oh, about a month ago. Mr. Odio: A month... One month ago. Mayor Suarez: OK. I was wrong. Commissioner Plummer: This is the second go -around. Mr. Odio: Now, what... Mayor Suarez: OK. Yeah, that was when we... Mr. Odio What happened was we had to prove people... Commissioner Dawkins: It's the second one. That's what I'm saying. That's the only problem I have., Mr. Odio: That money was allocated to move people from the mud flats, but we had to go into Bicentennial Park and we had to move... Mayor Suarez: It's a larger stream of individuals, folks. Mr. Odio: Of the 150 people we moved, 87 came from Bicentennial Park so the Grand Prix could be held last weekend, you know. Vice Mayor De Yurre: No, no. Hold it. You're telling me, of the $100,000... 25 February 25, 1993 Commissioner Plummer: After they created $75,000 of damage to Bicentennial _= Park. — Vice Mayor De Yurre,. Are you telling me that of the $100,000 that we committed... Commissioner Alonso: This is insane. Vice Mayor De Yurre: ...for that program... Commissioner Plummer: Gone. Vice Mayor De Yurre: ...that that money was spent to do something else? Commissioner Plummer: Gone. Mr. Odio: We... No. It was used to move people out. Vice Mayor De Yurre: But it was none of our... Hold it. Hold it. My understanding was... Commissioner Plummer: We spent $15,000 of City money. Vice Mayor De Yurre: ...that there was a $300,000 pool of which we were _ putting in one-third... Commissioner Plummer: That's what you told me. Mr. Odio: Spent more than that. Vice Mayor De Yurre: ...a hundred thousand dollars, for a particular program. Mr. Odio: For... To move homeless... Vice Mayor De Yurre: It had nothing to do with moving people out of Bicentennial Park for the Grand Prix. That was another issue... Mr. Odio: Well, but what happens... Vice Mayor De Yurre: ...wherein... Hold it. ESPERA, ESPERA. Mr. Odio: I know. Vice Mayor De Yurre: ...where Ralph Sanchez was going to kick in some money... Commissioner Dawkins: Fifty thousand dollars. Commissioner Plummer: He did. Vice Mayor De Yurre: ...and we were going to kind of help out and you know... - Commissioner Plummer: He did. 26 February 25, 1993 Mr. Odio: Well, what happened also, Commissioner, let me tell... When you open the trailers up... Vice Mayor De Yurre: Yeah. Mr. Odio: ..under the mud flats, people begin to flow in from other places and you have to deal with them. Commissioner Plummer: And they're going to continue in bigger numbers. Mr. Odio: We thought we had an eight number population there... Commissioner Dawkins: OK. I'll tell you what... Mr. Odio: ...and we've got some more. Mayor Suarez: OK. Do you have a motion that maybe can get out of this? Commissioner Dawkins: You know... OK. You know... Vice Mayor De Yurre: And everybody else is going to match this $100,000 again? Commissioner Dawkins: No. _ = Mr. Odio: Yes, sir. Commissioner Dawkins: Who? Commissioner Plummer: No, no. Commissioner Dawkins: No, who? =- Mr. Odio: The State and the County... Commissioner Plummer: Just the three. Mr. Odio: ...will match this $100,000. - Commissioner Plummer: Just the suckers. Vice Mayor De Yurre: So, the second hundred, we're going to have $600,000. Mr. Odio: Yes. — Commissioner Plummer: The dumb idiots... Mr. Odio: Yes, sir. Vice Mayor De Yurre: OK. Then I make a motion that subject to everybody else kicking in their $100,000, we put in ours. _ 27 February 25, 1993 j S 4 - r r Mr. Odio: They will. Commissioner Plummmr: That's my motion. Commissioner Alonso: That's it. Vice Mayor Be Yurre: OK. Commissioner Plummer: Based on a population... Mr. Odio: Fine. Commissioner Plummer: ...formula... Commissioner Dawkins: No, no. Vice Mayor Be Yurre: Now, hold it. Hold it. The other... Mr. Odio: No, no. Commissioner Plummer: ...we'll do our share. Mr. Odio: That's different. Vice Mayor Be Yurre: No, no. Commissioner Plummer: No, no, no. Vice Mayor Be Yurre: The State's going to kick in a hundred and the County is kicking 1n a hundred? Mr. Odio: Yes, sir. Commmissioner Plummer: Yeah. MT. Odio: Yes, sir. Vice Mayor Be Yurre: Once that... those two hundred are in, we'll put in a third hundred. Commenissioner Dawkins: OK. I will tell you what... Mr. Odio: Fine. Commissioner Plummer: Again? Mr. Odio: I'll take it. Con+nissioner Plummer: How many times are you going to do it? Mr. Odio: I'll take it. 28 February 25, 1993 Commissioner Dawkins: Now, somebody make a motion and get through with it so I can... Vice Mayor De Yurre: I will put in, J.L... Commissioner Dawkins: Make a motion. Make a motion. Vice Mayor De Yurret J.L., you go to Seattle, they put in $6,000,000 a year into their program. Commissioner Dawkins: Make a motion, because I've got a motion following the motion, whatever is made. Make a motion one way or the other. Vice Mayor De Yurre: Well, that's my motion. Mayor Suarez: What is the motion? Vice Mayor De Yurre: Subject to the other $200,000 being in place and we put in our additional $100,000, Mayor Suarez: All right. So moved. Do we have a second on that motion? _ I'll second the motion. Commissioner Plummer: Deep pockets. Commissioner Dawkins: It has been moved and seconded that we reach into... — Commissioner Plummer: That's an amendment. Commissioner Dawkins: ...a fund that looks like it has no bottom in it... Commissioner Plummer: Bottomless pit. Commissioner Dawkins: ...and give another $1009000. Any further discussion —_ on the motion? Commissioner Plummer: This is an amendment to the motion? Commissioner Dawkins: No. Commissioner Plummer: Because my motion is still on the floor and it has got = a second. Commissioner Dawkins: Yeah, it has got a second. Commissioner Alonso: Yeah. And this is very confusing... Vice Mayor De Yurre: Substitute motion. Commissioner Alonso: ...because this is practically the same question... Commissioner Dawkins: All right. Well, I... - "� Commissioner Alonso: ...we have in front of us for the $100,000. 29 February 25, 1993 ;t= Commissioner Dawkins: OK. So, it's... Commissioner Alonso: Why another motion, if we are... Commissioner Dawkins: All right. Substitute motion, Mr... Commissioner Alonso: Motion... excited today. Mr. Jones: What... Mr. Mayor. Commissioner Dawkins: Mr. Mayor, the... Mayor Suarez: Yes, sir. Commissioner Alonso: It's going to be forever. Commissioner Dawkins: The Vice Mayor made his motion, a substitute motion. Do you second the substitute motion? Mayor Suarez: Yes, sir. Commissioner Dawkins: OK. To get by the other... OK. So, now we are voting on a substitute motion. The primary motion is to defer, is null and void if this motion passes. Commissioner Plummer: That's correct. Mr. Jones: Mr. Mayor? Commissioner Dawkins: OK, Mr. Jones: The motion you're voting on is, in essence, the resolution that's before you to pass. Mayor Suarez: Sir, that's exactly right. Vice Mayor De Yurre: Welcome. Mayor Suarez: Yes, sir. Commissioner Dawkins: It... OK. Is there... Well, wait. Vice Mayor De Yurre: Call the roll. Commissioner Dawkins: OK. Call the roll. Commissioner Alonso: Wait a second. The one you're calling is the one... Ms. Matty Hirai (City Clerk): The substitute. Commissioner Alonso: The substitute motion. 30 February 25, 1993 11 Commissioner Plummer: The only.... Well, the only difference of that than what's on the agenda is Victor is saying that they've got to come up with theirs or ours is not there. Mayor Suarez: Right. Exactly. That there is a proviso... Commissioner Plummer: Our... Mr. Jones: Well... Commissioner Plummer: The motion on the agenda is just to give the hundred, regardless. Mr. Jones: No, no. You... Commissioner Alonso: No,,no. Mr. Jones: The reso has contingency that the $100,000 be given if the State only... Commissioner Alonso: It's what we have in front of us, Mr. Jones: ...only... Mayor Suarez: It is already in the packet? All right. Very good. Mr. Jones: Really though... I mean, you really don't need the motion. You need to vote on the resolution. Commissioner Alonso: Thank you. Mayor Suarez: That's what we were hoping to do, vote on the resolution... Commissioner Alonso: Thank you. Mayor Suarez: ...if it's identical to the motion. I don't know anything that makes a motion any different from a resolution, do you? Mr. Jones: Yes. Commissioner Dawkins: Call the rota. THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY MAYOR SUAREZ, ITEM 2 FAILED BY THE FOLLOWING VOTE: 31 February 25, 1993 r - AYES: Vice Mayor Victor De Yurre_ Mayor Xavier L. Suarez NOES: C"issloner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. PlLgmr, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I think the taxpayers who have notified my office are fed up to here with their money being wasted and I'll vote in favor of the - taxpayers and vote no. Commissioner Alonso: Ditto, no. Commissioner Dawkins: San Antoni Commissioner Plummer: The wisdom of Solomon. Commissioner Dawkins: You know, I would have no problems... I'm going to vote against the motion... I mean, with the motion and against the motion. Commissioner Plummer: What? What? Commissioner Alonso: Terrifict Commissioner Dawkins: OK. I would have no problems voting with this motion, if it were not for the last time when I gave the $100,000, they assured me that this would help alleviate the problem It has not. I would have no problem with passing this motion, if the Manager assured me that any other money would come from the general fund. You see, I'm... I get fed up with the Manager going out, passing out money, and then coming back and telling me, "Take it from the Law Enforcement Fund." I have a problem... And he knows i have a problem with this. See? So, if the Manager could assure me that when he comes up with another $100,000, it will come from his budget... the General Fund, I've got no problem with it. Commissioner Plummer: Art you saying a third? Commissioner Dawkins: So, I vote... Huh? Commissioner Plummer: A third $100,000, or the second? Mayor Suarez: If there was ever need... Commissioner Dawkins: Any other one. vote now? Two for and two against? Commissioner Plummer: Yes. Ms. Hirai: Yes, sir. So, I vote no. I mean... What is the 32 February 25, 1993 Vice Mayor De Yurre: Commissioner Dawkins: Five to three. OK. So, I'd have to vote not to give it to them, Mayor Suarez: Chair deems the vote to be a yes vote. Thank you, Commissioner. We're going on to the next item. COMMENTS MADE AFTER ROLL CALL, Commissioner Plummer: Excuse me. What, do you mean a dead? Mayor Suarez: What are you... Commissioner Dawkins: It means yes. It means we don't give it to them. Commissioner Alonso: It failed. Mayor Suarez: A dead? Commissioner Plummer: It failed. Commissioner Dawkins: Yeah. Commissioner Alonso: Dead. Commissioner Dawkins: That's the same thing. Commissioner Plummer: That's right. I will now ask the vote on the main motion, which is that this City will participate when a formula has been devised, primarily, I would assume, on population, and that this City will do its fair share when everybody else has put their shoulder to the wheel with their dollars. I so move. Mayor Suarez: Before the, chair can accept the motion, we've got to figure out what the last motion's vote was. Madam City Clerk, how did you record it? Commissioner Plummer: Well, it's three to two against. Ms. Hirai: The three no votes coming from Commissioner Plummer... Mayor Suarez: You've got three no votes... Commissioner Plummer: Yes, sir. Ms. Hirai: Yes, sir. Mayor Suarez: ...two for votes. That's more clear than I certainly got it. All right. Commissioner, what's your motion? Commissioner Plummer: The primary motion, sir. That this City will participate and put its money where its mouth is when the rest of the cities of this community participate in a formula in which everybody pays their fair share, we will do ours. I so move. 33 February 25, 1993 Mayor Suarez: So moved. Second. Any discussion? If not, please call... Mr. Manuel Gonzalez-Goenaga: Yes. Mayor Suarez: Mr. Gonzalez-Goenaga, please have a seat. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-122 A MOTION OF THE CITY OF MIAMI COMMISSION STATING THAT THE CITY OF MIAMI WILL CONTINUE TO PARTICIPATE IN THE PLAN TO ASSIST AND RELOCATE THE HOMELESS PRESENTLY RESIDING IN THE AREA UNDER I-395, ALSO KNOWN AS "THE MUD FLATS" AND HONOR ITS COMMITMENT TO AGAIN CONTRIBUTE $100,000 TO PARTICIPATE IN SAID PLAN AS SOON AS AN ACCEPTABLE FORMULA IS DEVISED WHICH WILL ENSURE THE FAIR AND EQUITABLE FINANCIAL PARTICIPATION OF ALL THE MUNICIPALITIES IN THE COUNTY IN A PLAN SEEKING TO IDENTIFY A JUST SOLUTION TO THE PROBLEM OF THE HOMELESS. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plumer, Jr. NOES: Vice Mayor Victor De Yurre Mayor Xavier L. Suarez ABSENT: done. COMMENTS MADE DURING ROLL CALL: Vice Mayor De Yurre: I have to vote no and I have to vote no because I think it's... you're not serving any purpose at all. We are continuing to procrastinate. We, the City of Miami, downtown Miami, which is downtown Dade County, downtown South Florida, downtown Florida, needs to deal with this issue. And the same concerns that we have are not the concerns of other communities in the City, in this County. They will not be in the same position that we are and as willing to participate in this effort. So, basically, what you're saying is, let's do nothing and I can't go along with that, I have to vote no. Commissioner Plummer: Well... Mayor Suarez: No, for the same reasons. 34 February 25, 1993 IQ COMMENTS MADE AFTER ROLL CALL! Commissioner Plummer: ,lust for the record... Commissioner Dawkins: OK. Under further discussion. Further discussion. Commissioner Plummer: Go ahead. Commissioner Dawkins; I want it clearly understood that nobody on this Commission is more desirous of having the downtown merchants not be subjected to the homeless wandering around day-to-day. Now, when somebody who is so hung -up and so desirous of helping the downtown merchants, go and tell the Brothers of the Good Shepherd that you have a responsibility to better govern your clients. As a part of this community, you should work with the rest of us to ensure that the clients you have listed as homeless do not go downtown and stop the businessmen from paying the taxes which support you. So, it's not this Commission who doesn't want to do anything. It's the Brothers of the Good Shepherd who fail, in nay opinion, to manage and do the same type of an operation that the Miami Rescue Mission does. Commissioner Plummer: And let me say, for the record, I cannot accept my colleague's impression that we are procrastinating. We have already put our money where our mouth is. We put up $100,000. None of the others did. And the people of this City are damned sick and tired of being the only ones who are supporting and being asked to support the homeless. We cannot continue to be deep pockets, when everybody else is skating free of charge, pointing fingers at us, and laughing, "It's Miami's problem." It's Dade County's problem. It's even South Florida's problem. Commissioner Dawkins: The State of Florida. Commissioner Plummer: We cannot continue to support the entire County. We can't do it. And what I'm saying is, let me tell you, when they come out with a formula, everybody should have their burden as well as receiving the benefits, and that's what I'm saying should be done. We were there before and I'm hoping that we'll be there again to do our fair share. But by God, everybody else is going to do theirs. Vice Mayor De Yurre: I've got to say, Mr. Mayor, that again, with all due respect to J.L., who has been here over 20 years... And I respect him as an individual, I respect him for his thoughts and what he brings to this Commission. We have to understand, and as chairman of the Downtown Development Authority, we have to deal with this issue. We can... If we are realistic about this, if we're realty going to be truthful about this matter, we know there is no way in hell that everybody is going to pitch in - all 27, 28 communities are going to say, "Hey, here's our share." It's not going to happen. It's not realistic. We... The business community... Rafael Kapustin over there who is an example of what happens... We're talking about a lot of things that are happening in our downtown which is our major tax base of this community and it's going down the tubes. And there are a number of things... And I'll tell you what, $100,000 isn't going to do it. Commissioner Plummer: He didn't read the same report I did. 35 February 25, 1993 Commissioner Plummer: He didn't read the same report I did... Vice Mayor Be Yurre: ...to accomplish this thing. And it's a matter of committing to getting the money. We talked about using the site of the river. I had objections about the river. I didn't even get a second to that site. But the money was there. Federal funds, we're going to get $2,000,000 grant, $3,000,000 were going to come in as a loan. The money was there. It wouldn't cost our taxpayers one penny and yet, there were objections and for the same #— reasons - everybody has to pitch in. We have to get away from that everybody has to pitch in, because if we don't, it's going to remain status quo... Commissioner Alonso: ...on the river. Commissioner Plummer: Oh, no. Not necessarily. Commissioner Alonso: Yeah. Commissioner Plummer: Yeah. (lice Mayor De Yurre: ...and the same problems that permeate are going to continue. Mayor Suarez: Let me try something. Commissioner... Commissioner Plummer: Mr. Mayor... Mr. Mayor, I have to answer. Please. It is... First and foremost, I would hate to think that any impression would go out of this Commission, that the downtown is going down the tubes. The study which the downtown themselves paid for shows that they are enjoying prosperity in downtown Miami like never before. Yes, the homeless is a problem. Radio Shack, downtown Miami, is the second largest Radio Shack in all 4,000 of their stores. Payless Shoe Store has three stores within two blocks and is looking for a fourth. Mayor Suarez: That's a fair point, Commissioner, but if I may... Commissioner Plummer: OK? The point I'm trying to make is very simple. Mayor Suarez: If I may just suggest something, sir. You are concerned, J.L., about other cities contributing. May I just ask you to restate your motion to say Miami Beach, Hialeah, the County, the City of Miami - they are the four entitlement jurisdictions. They are the ones that receive Community Development Block Grant monies. They are the ones that in most cases have a similar problem. You start talking about the smaller cities... Some of them, you know, they may have five homeless, or they may not have any homeless. They have tiny budgets, they don't have police forces, they don't have Law Enforcement Trust Funds because they don't seize anything, because they don't even have police forces, some of them, or they have people who are never in a position of having an LETF (Law Enforcement Trust Fund) or they don't receive CDBG (Community Development Block Grants). If you would make it that way, I think I can sell that to the Mayors. But if you make it every single small city, it just becomes impractical. Any one can hold us up, is what I'm saying. 36 February 25, 1993 t, :s Commissioner Plummer: Mr. Mayor, first of all, let me say to you, sir, that $100,000, obviously, by virtue of the fact we gave two weeks ago $100,000, doesn't do anything. Mayor Suarez: But it does, J.L. It does. Commissioner Plummer: I mean, it insignificant. Mayor Suarez: It begins to remove some of them. Commissioner Plummer: It's insignificant. All right. Mayor Suarez: It begins to clean up. It's just... Commissioner Plummer: If the second of the motion would agree to the entitlement... Commissioner Alonso: But, Mr. Mayor... Excuse me, Commissioner Plummer, because things are said in this Commission and really, it's not a reflection of the truth. The City of Miami has been giving money. Last year we gave money. We continue to give money. Do you think that we have the funding available to resolve the problem of the homeless again? We just can't. And it's a farce to make the public believe that because we are turning down this additional $100,000, we are not working towards resolving the problem of the homeless. I think that if a City and a government has come forward to resolve the problem of the homeless, it's the City of Miami. I think the citizens have been really a tremendous support and very generous City helping the homeless. What we cannot take is the total responsibility. Commissioner Be Yurre said that the money was available for the river site. That's incorrect. He also made reference that the money was there, it was not going to cost the taxpayers. It's not so and it's giving the false information to the public thinking that money was there available to resolve a site and that this Commission voted against that. Not so. The money was available for a project for the... Mayor Suarez: Relocation. Commissioner Alonso: ...project relocation of Camillus House and not necessarily was addressing the issue of the location on the river. This Commission was not in support of giving part of the City of Miami that is so important for development to have the homeless move into that location and affect, actually, the entire City of Miami. I think that we have to remember that we are the fourth poorest city of the United States. If we remember that, then we should be very careful how we waste the taxpayers' money. Let's not fool the public. This $100,000 is not going to resolve the problem of the homeless. We need help from the federal government. We need help from the State. We need serious money in order to begin to address this issue. Let's not give the impression that this Commission is not sensible to the problems of downtown or the homeless, because we are not telling then the general public the truth. I think that we have come a long way trying to help. If you look at the number of sites where we have programs available to help the homeless, and if you count the services available and provided by the City of Miami, I think we are the most generous city in the United States and, of 37 February 25, 1993 11 course, our climate affects our condition. Because every time the newspaper and TV talks about this, more homeless are going to cane in our community. And I wonder if the taxpayers of Miami will be able to take responsibility for all of the people. We take responsibility for our own, let the rest of the people take responsibility for theirs. And in winter time, New York should take care of their own and Washington, D.C. should take care of their own and not the City of Miami that we cannot continue to receive more people. We receive immigrants carving from all over the world daily and we cannot get the $35,000,000 that are supposed to be coming because the federal government says we don't have an emergency. If this is not an emergency, I wonder what an emergency is. And the City Manager has been working on this for the longest time, to receive the funding of the $35,000,000 and still it's not coming. And now we have a different government, and we don't have republicans in office any longer and still the money is not coming. And I wonder when the federal government 1s going to come. And we're talking here about $100,000, giving the impression that this Commission doesn't want to help. The $100,000 will not resolve the problem. As a matter of fact, it will make little difference in the homeless problem in the City of Miami and it will be another way of moving them, few of them, until a few weeks from now that they will be back to the same location, or maybe across the street, or on the next corner, or the corner next to it. And it's not resolving the problem. The problem to be addressed... we need treatment, we need things that cost far more than $300,000. We are talking about peanuts when we have to talk about really amounts that only the federal government can give in large numbers and this is the truth. Mayor Suarez: Anything further? Vice Mayor De Yurre: Mr. Mayor, if I may... Mayor Suarez: Commissioner... Vice Mayor? Vice Mayor De Yurre: I hope that Commissioner Alonso gets a tape of what she just said. It would have made a great campaign TV adz But unfortunately... Commissioner Alonso: Oh, Mr... Vice Mayor... Vice Mayor De Yurre: If I may not be interrupted, Ms... Commissioner Alonso: ...I think that you're only thinking about politics all the time and it gets to be disgusting when you are always using the time... Grow up, please. Mayor Suarez: Please, let's just... Let's stick to the issue. Mr. Vice Mayor, anything further on this matter? Commissioner Plummer: Can we move on, sir? Vice Mayor De Yurre: Yes, mother. Now, let me say the following. Let me say the following. That if Commissioner Alonso were well versed in that issue that came up, she would have understood that part of the deal was that Camillus House would run the new facility, which would allow for the $2,000,000 grant to come down from the federal government and free up... 38 February 25, 1993 r ; tt c= Commissioner Alonso: Why did you change your vote, Commissioner? Vice Mayor De Yurre: ...and free up the money, the $3,000,000 loan, so that we could build the facility. In fact, I was the only one who voted for that motion, if you recall. So much said for that. _ Commissioner Plummer: You know, Mr. Mayor, may I suggest that we give some -_- thought to something?IF I Commissioner Alonso: He has a short memory. He changed his vote. Mayor Suarez: Yes. And I had asked you, Commissioner... Please, please. I had asked Commissioner Plummer...` Commissioner Plummer: You know... Mayor Suarez: ...for a variation on your motion, if you wanted to make it. _ If not, then we'll just go onto the next... Commissioner Plummer: No, but let me try to make another point. You know, every time something comes up here about Camillus House, it's always negative. And I think maybe one of our problems up here is Camillus House itself. Nobody complains about the Rescue Mission, first class run operation. Maybe what this City Commission should try to do is to sponsor some kind of an organization that would do something similar to the Rescue Mission and let's have a first class operation where people are not lying all over the streets, where people are not doing the things that they are doing in and around the Camillus douse, but try to foster an organization who is doing something like the Rescue Mission, that really doesn't cause anybody any problem. And, Mr. Manager, I think that that's a charge to you, sir, that we shouldn't be trying to continuously do for an organization which, in may estimation and others up here, is not doing a first class job. Mr. Odio: Which one? Commissioner Plummer: The one on 1st Avenue and 7th Street. Mr. Odio: Well, I think they're doing a good job. Commissioner Plummer: Well, sir, that's one of your problems and ours. Mr. Odio: That's right. Commissioner Plummer: We disagree with you. Mr. Odio: We do... sure do. Mayor Suarez: Commissioner Plummer, rather than argue about that, I have an idea based on your proposal. -� Commissioner Plummer: Sure, sir. Mayor Suarez: If the... Mr. Manager, would you investigate if the $2,000,000 for the relocation of Camillus House funds have not been forever lost. They 39 February 25, 1993 are federal monies. Congressman Lehman helped to put them through. That maybe we could enable an agency to use that $2,000,000 for homeless in... within the parameters of what we consider to be the holistic approach - I hate to use that term - the complete approach, the integral approach to take care of homeless needs that the Commissioner is referring to. Otherwise, the — $2,000,000 are bye-bye right back to the U.S. Congress. Mr. Odio: Yes, sir. Mayor Suarez: All right. Thank... Commissioner Plummer: Well, I think that's the thing that ought to be pursued. I really do. Mayor Suarez: All right. I appreciate that. And maybe even the Rescue Mission. They're looking to expand their facility, so if that's what works, let's go... Mr. Odio: Yes. 5. EXECUTE AMENDMENT TO REVOCABLE: PERMIT (DATED MARCH 2, 1987) WITH SOUTHWEST SOCIAL SERVICES PROGRAM, INC. -- TO CLARIFY DESCRIPTION OF — PREMISES UTILIZED BY THE CORPORATION AT A PORTION OF FLAGAMI PARK AND TO ALLOW FOR UTILIZATION OF ADDITIONAL SPACE AT SAID PARK BY THE CORPORATION. Commissioner Plummer: I move item 3. Mayor Suarez: All right, sir. So moved. Commissioner Alonso: Second. Mayor Suarez: We have a lot of folks here who don't want us to argue about the $100,000 forever. Moved. Do we have a second? Commissioner Alonso: Yes. Second. I did. Commissioner Plummer: Yes. Mayor Suarez: Second. Thank you. Call the roll to approve item 3. Ms. Matty Hirai (City Clerk): Item 3. 40 February 25, 1993 RESOLUTION NO. 93-123 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY !MANAGER TO EXECUTE AN AMENDMENT TO THE REVOCABLE PERMIT DATED MARCH 2, 1987, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SOUTHWEST SOCIAL SERVICES PROGRAM, INC., FOR THE PURPOSE OF CLARIFYING THE DESCRIPTION OF THE PREMISES UTILIZED BY SAID CORPORATION AT A PORTION OF FLAGAMI PARK, AS SET FORTH IN SECTION 1 OF SAID REVOCABLE PERMIT, AND ALLOWING FOR THE UTILIZATION OF ADDITIONAL SPACE AT FLAGAMI PARK BY SOUTHWEST SOCIAL SERVICES PROGRAM, INC., SUBJECT TO CERTAIN CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: Southwest Social Services Program. They're nodding their head and their smiling in anticipation of a favorable vote. Other people have bitten the dust who have done that, but I think maybe in this case we'll be all right. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Continue with your fine program. 41 February 25, 1993 ------------------------------------------------------------------------------ 6. CLAIM SETTLEMENT: EMILIO ESTRADA AND HIS ATTORNEY ROBERT ROBBINS ($13,689). Mayor Suarez: Item 4. Authorizing the Director of Finance to pay Emilio -_ Estrada and his attorney, Robert Robbins. This is a fairly small settlement, Mr. City Attorney? A. Quinn Jones III, Esq. (City Attorney): It was a summary judgment. This is consistent with the... a - Mayor Suarez: Why does it come before us, if it's less than $25,000? Mr. Jones: Well, you gave a directive to me. Remember the whole discussion = on the Cuban Museum that you wanted to approve all judgments and... Mayor Suarez: All judgments? That's really bright on our part, isn't it? We... Mr. Jones: Yes. Mayor Suarez: We don't require Commission action, necessarily, on settlements... Mr. Jones: It's really bright. Mayor Suarez: ...but when we have a judgment that binds us... Commissioner Alonso: Move it. Mayor Suarez: ...we want Commission consideration? Oh, we're at our best in that particular approach, aren't we? Commissioner Alonso: Move it. Mayor Suarez: All right. Commissioners, I suggest... Unless Commissioner Plummer has a problem with it. I think it was you who raised that issue, Commissioner... Commissioner Plummer: Well, sir, as you know, I... Mayor Suarez: ...that if it's a judgment less than $25,000, we use the same approach as a settlement less than $25,000. Commissioner Plummer: Sir, I did not object to this particular one, but I will object to it. And as you know, I will vote against it, because I am not the lawyer's relief fund. We should be paying the individual... Mayor Suarez: Oh, on the other issue - the issue of the paying of the attorney's fees... 42 February 25, 1993 y i� Commissioner Plummer: Yes, sir. We should be paying the individual who suffered, and he has to settle out with his attorney. I don't think we should be a collection agency for attorneys. I think it's absolutely wrong. Mayor Suarez: All right. Who was the attorney who tried the case? Mr. Jones: This is really a... Commissioner Plummer: Robin Hood. Mr. Jones: This is a PIP (Personal Insurance Protection) claim. This was a _- City employee... Mayor Suarez: I just wanted to congratulate somebody... Mr. Jones: No, let me... -- Mayor Suarez: ...who got a small judgment. Mr. Jones: Let me explain it very briefly. Mayor Suarez: Presumably, it would have been bigger, if we hadn't tried it so _ well. Right? _ Mr. Jones: Yeah. The City recouped its costs under worker's comp. He went against the third party torte fees and he got a judgment... Mayor Suarez: I'm sorry I asked. All right. On item 4, we have a motion. Do we have a second? Ms. Matty Hirai (City Clerk): No, sir. Not yet. Mayor Suarez: No second. Commissioner Alonso: Yes, I moved. Mayor Suarez: Who was the moving party? Ms. Hirai: We didn't have a motion, Mr. Mayor. Commissioner Alonso: I did. Mayor Suarez: I'll second. Commissioner Dawkins: Call the roll. 43 February 25, 1993 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-124 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY EMILIO ESTRADA AND HIS ATTORNEY RO'BERT ROBBINS THE SUM OF $13,689.00, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, PURSUANT TO THE ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND FINAL SUMMARY JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE MARGARITA ESQUIROZ OF THE ELEVENTH JUDICIAL CIRCUIT COURT ON JANUARY 28, 1993, CASE NO. 92-03598 CA (10), SAID PAYMENT TO REIMBURSE PLAINTIFF FOR SATISFACTION OF HIS WORKER'S COMPENSATION LIEN, OUTSTANDING MEDICAL BILLS, ATTORNEY'S FEES, INTEREST AND COSTS, WITH SAID FUNDS TO BE PROVIDED FROM THE INSURANCE ANU SELF INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. Commissioner Dawkins: Item 5. Mayor Suarez: Yes, item 5. Thank you. Commissioner Plummer: Mr. Mayor, I'll ask that 5 be deferred until the next meeting. Mayor Suarez: Thank you, sir. We have, in effect, withdrawn the item. I don't think we need a motion. Commissioner Plummer: That's fine, sir. Mayor Suarez: All right. Commissioner Dawkins: No, 5 was withdrawn, not 5. Commissioner Alonso: Six was... Commissioner Plummer: No, I withdrew 5, it was my item. 44 February 25, 1993 Mayor Suarez: No, I mean, if the person requesting it asks for it be withdrawn, we can just take it up again, - - Commissioner Alonso: Yeah. — I�iTE- FOR -THE RECORD: -- At this point, agenda item 5 was withUrawn. ------ ---------------------------------------------_ - 7. DISCUSS AND REFER TO CITY MANAGER REQUEST BY MIAMI THUNDER MINOR LEAGUE FOOTBALL FOR AM ADEQUATE SITE FOR STAGING HOME FOOTBALL GAMES -- - STIPULATE COMMISSION SHALL BE BOUND BY CITY MANAGER'S DECISION. Mayor Suarez: Item 7, Miami Thunder Minor League Football. - Commissioner Plummer: What does the City intend to gain out of this? Mr. Manager? Mr. Cesar Odio (City Manager): What item... Commissioner Plummer: Item 7. What does the City stand to make out of this? _ Mr. Odio: We recommend this. Commissioner Plummer: Why? What does the City stand to make? You're opening up a very, very expensive facility. Is this a profit -making organization? Mayor Suarez: Are we getting a percentage of the take here of the gate, or whatever? Commissioner Plummer: Do we get anything out of it? Are we getting expenses? You know, every time you put something in that Orange Bowl, you are playing hell with that turf. Mr. Odio: Yeah, I know. But... Commissioner Plummer: All you need is a good rain and you'll lose the whole turf. Are they... Mayor Suarez: Have you analyzed it, Mr. Manager, or Mr. Lee, someone, and concluded that this is worth... Commissioner Plummer: What are we getting out of this? Mayor Suarez: We're getting some of the gate receipts, some percentage, some minimum guarantee, some threshold amount. 45 February 25, 1993 n. 7 Commissioner Plummer: Well, they're asking for all the rental to be waived. They're asking for the Police Department to be waived and the Fire Rescue to be waived. Do you have a guarantee bond from them that if they damage that turf, that 1n fact they will put up the money to replace the turf? Mr. Odio: Let me withdraw this item and see if we can meet with them and have them play at Curtis Park. Commissioner Plummer: Thank you, sir. Mr. Rodolfo Lorie: I'm here. Mayor Suarez: All right, sir. Since the item is scheduled, give us your name and address, unless you'd rather work with the Administration and withdraw the —_ item for the moment, until the next session. Sometimes that works better. Mr. Lorie: When is the next session, sir? Mayor Suarez: We would probably try to take it up for ultimate approval on March 11th. Mr. Lorie: I believe one of the dates 1n discussion is right... Mayor Suarez: We need your name and address in the record. Mr. Lorie: I'm sorry. I apologize. Rodolfo Lorie. My address is 6165 SW 130th Avenue, number 1306. I am representing the Miami Thunder. I am one of the individuals in charge of the program. We are a nonprofit organization. What we do is we work a lot with individuals that are proposition 48, also individuals that will be looked at by professional teams. Money... Mayor Suarez: You're a minor league football franchise and you are nonprofit? Mr. Lorie: Yes, sir. Mayor Suarez: Well, that's a new one on me. Mr. Lorie: Yes, sir. We belong to the Americas Football League. There are 12 teams in the State of Florida. Presently in the City of Miami, or within the confines of Dade County, there are two teams. Mayor Suarez: Is there... OK. Do you have an objection to then having the Administration work with you to try to come up... formulate a plan to... that they can recommend emphatically, before we try to vote on this, because otherwise you might... Commissioner Plummer: Well, to go to Curtis... Vice Mayor De Yurre: Mr. Mayor, they should go to the Miami Sports and Exhibition Authority. That's what they're there for. Commissioner Plummer: Go to Curtis Park, I have no problem with. I'm just... 46 February 25, 1993 Mr. Odio: You know, the concept behind this is that you're taking young kids that were cut between high school and college and couldn't get a... Commissioner Dawkins: But you know, every... This is getting to be just like— the We Will Rebuild, Now, if you think back now, there was a group came in here the other day who said it was sanctioned by the NCAA, it was sanctioned — by the NFL (National Football League) and it was doing essentially the same thing he's doing, and we gave that group the right to play in Maduro... in Bobby Maduro Stadium. Mr. Odio: Yeah, that's what I want... That's why I want them to play at Curtis. Mr. Lorie: Commissioner Dawkins, that is the other team from the same league. Commissioner Dawkins: See, but... You see, some... But nobody got up here and said there are two different groups. See? Mr. Lorie: I apologize if there is any misunderstanding. Mr. Odio: You have to be alert. Mr. Lorie: We are willing to work with the City of Miami. All we are looking j for is... number one, we contribute 80 percent of the gate proceeds to the Miami Project to Cure Paralysis. OK? We're willing to work with the City... Commissioner Dawkins: Yeah. But you see, all I can hear you... see, fine I'm sorry to cut you off, but let me tell you. Mr. Lorie: I apologize. Commissioner Plummer: You're not giving it, we are. Commissioner Dawkins: If I give you everything you want, and you donate 80 percent to charity, you didn't give charity anything. The City of Miami gave 80 percent... Commissioner Plummer: We did. Commissioner Dawkins: ...because we are the ones who gave you everything free. Mr. Lorie: We are willing to find out some kind of happy medium. Mr. Odio: Sir... Mr. Lorie: We're just humbly coming before this board... Mr. Odio: Curtis Park. Mr. Lorie: ...to ask for some help... Commissioner Plummer: That's fine. I'm concerned about the turf. 47 February 25, 1993 0 Mr. Lorie: ...so that we can in turn finish our season. Mr. Odio: That's why I'm... Mr. Lorie: And in turn, if this board so decides that somebody needs to handle concession, they can do so. We are not interested in making any money — off of this. We just need a field so that we can finish this football season, the possibility of the last three home games, and the possibility of a playoff _ site... Mayor Suarez: I... Mr. Lorie: ...and in turn, try to market this as properly... Mayor Suarez: You're already towards the end of the season here? Mr. Lorie: No, sir. Right now, we have been working with Dade County. We have been at Tamlami Stadium. The problem is they have the Youth Fair. Commissioner Dawkins: Mr. Mayor, let me ask him the same question that we asked the other... Let's ask him the same question we asked the other group. Why is it that this is, for the lack of a better word, a minor league operation, but you guys want to play in major league facilities? Why? Why is — it you cannot use a City park, or a County park, to practice and play in? Why 1s it that you want to go to the extra expense of playing in a major league facility? Mr. Lorie: OK. Sir, like I've already tried to state. We're willing to do _— concession, we just need a place that has controlled access... Commissioner Dawkins: OK. OK. Mr. Lorie: ...so that we can, in turn, charge admission and give our due to the people that we have made a commitment to. Mayor Suarez: All right. Do you... Is it going to work out for you to wait until the 11th and hope that the Manager recommends it? Commissioner Alonso: The first game is March 13th, I believe. Isn't it? _ Mr. Lorie: I believe that if there is any way we can resolve this prior to _— that date... because it would take marketing, you know, try to advertise, —= trying to get the... Mayor Suarez: Right. Mr. Lorie: ...the people involved. We are talking about notifying different government agencies, as far as trying to get police and fire out there and everything else. Mayor Suarez: Mr. Manager, do you feel pretty strongly about this? Wally, Max? I mean, should we try to take action on this, in view of his deadline? Or are we... - 48 February 25, 1993 Mr. Odio: Honestly. Their attendance has been 50 people. And to open up the Orange Bowl for that... Commissioner Plummer: Mr. Mayor, gust for your edification, when we — - negotiated with the university and others, they were very concerned about the condition of that turf. And let me tell you something, it would only take one good rain and that turf would be torn up unbelievably. - Mayor Suarez: All right. Commissioner Plummer: And that's why I'm saying, you're talking about major bucks - three hundred, four hundred thousand dollars, if you have to replace that turf. So, you know... Mayor Suarez: Do you want to make a motion at Curtis then? Commissioner Plummer: Fine. Mayor Suarez: Since that is what the Administration is recommending. And if you want to accept that, fine. If not, sir, it sounds like you're not going to win up here today or March 11th. Commissioner Plummer: No, there is... Mayor Suarez: So, we're not going to schedule it. Commissioner Plummer: There is a second portion to this, which I don't think we're in the position to do and that's to waive the fees on police and fire rescue. Mr. Odio: At Curtis Park... Commissioner Plummer: No, whatsoever. That they'll have to pay... Mayor Suarez: It's minimal there, but... Commissioner Plummer: They'll have to pay for it. Mayor Suarez: But it's minimal, I mean, it's... Commissioner Plummer: Yeah. Mayor Suarez: It's just a park usage fee. All right. So... Commissioner Plummer: I'll make a motion that this matter be related over to the City Manager for consideration at Curtis Park and that his decision be considered final by this board. 49 February 25, 1993 :7 Mayor Suarez: So moved. Mr. Lorie: Thank you. Commissioner Dawkins: Second. Mayor Suarez: Second. Cali the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-125 A MOTION REFERRING REQUEST BY MIAMI THUNDER MINOR LEAGUE FOOTBALL TO THE CITY MANAGER FOR HIS REVIEW AND POSSIBLE CONSIDERATION OF CURTIS PARK AS THE PROSPECTIVE SITE FOR THE STAGING OF HOME FOOTBALL GAMES; FURTHER STIPULATING THAT THE CITY MANAGER'S DECISION SHALL BE FINAL REGARDING SAID MATTER. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 8. GRANT FUNDING REQUEST BY REPRESENTATIVE OF HISPANIC COALITION, INC. ($399595) IN CONNECTION WITH ITS JOB PLACEMENT AND IMMIGRATION ASSISTANCE PROJECT. Mayor Suarez: Item... Commissioner Plw mer: Mr. Manager... Mayor Suarez: Yes. Commissioner Plummer: ...in the future, sir, I would appreciate when you send me backup material, if it's true that you tell me that it's the copies that you get the reason you're canning out with bad copies to us, it's irrespective to me. If you're sending me material that I'm supposed to read as backup, and sir, I don't think with even better glasses I could read this hogwash of what this ,says here... 50 February 25, 1993 Mr. Odio: I can read it. Commissioner Plummer: Well, you maybe can read it, but I can't. And you're not voting, and i am. Mr. Odio: OK. Commissioner Plummer: So, in the future, sir, if you're not getting good copies from people, then I would suggest that you tell them that their item is deferred, until we get good copies, so you can send this Commission good i nformati on. Mr. Odio: Yes, sir. Commissioner Plummer: Are you there? Mr. Cesar Odio (City Manager): Are we on item S? Commissioner Alonso: Yes. Commissioner Plummer: Yeah. Mr. Odio: This program started, Commissioner, Mr. Mayor, when we had the problem on the corner of 75th, 75th and Sth Street. As you know, we were arresting people and it did not help. So, I contracted out, on a $4,500 trial period, the Hispanic Coalition, to see if we could open a placement office there and solve the problem by placing these people in jobs. I want to tell you this is one of the most successful programs we have had in the City. It has helped considerably to eliminate the problan and the complaints we have had in the area. It's still not finished. It's stilt not finished. Mayor Suarez: What's the Administration's recommendation? Mr. Odio: Well, I strongly recommend this program. I would like to try it first, to see if we can get more PICK monies to fund them with the $39,595 that they need. And if they don't, then if you authorize me to find other funds to help them out because if we don't continue placing these people in jobs that are standing in the corners, and that's What we're trying to do... Commissioner Plummer: How much money are you recommending? Commissioner Alonso: Thirty-nine. Mr. Odio: It's $39,595. Commissioner Plummer: That's obviously not true. That was from February 1 to July 31 and it's now March 1st, so you're going to have a reduction there of some kind. Mr. Odio: No, because they have been working on their... out of their own pockets, when they didn't have to. Commissioner Plummer: And where is their office? 51 February 25, 1993 r� Mr. Odio: They... Honestly, they should have shut down. Commissioner Plummer: Where is their office located? Ms. Rosa Kasse: OK. We have our... Good afternoon, Commissioner. I'm sorry for that copy. Sometimes we don't have enough money to repair the machine. So, the next time I promise you the copies are going to be... Mayor Suarez: Could you put your name 1n the record, please? Commissioner Alonso: This is a good one. — Ms. Kasse: My name is Rosa Kasse. I am the president of the Hispanic Coalition. Our central office is at 8572 SW 8th Street. The second office, which is the job placements office, thanks to the City of Miami... Commissioner Plummer: Where? Ms. Kasse: ...is at 7105 SW 8th Street. Commissioner Plummer: Say it again. Commissioner Alonso: Seventy-one... Ms. Kasse: Seventy -one -oh -five... Seven, one, oh, five SW 8th Street, Commissioner Plummer: One block from the City limits. Ms. Kasse: Well, we are all over the places in there. We go to the canal and we are providing the services there. For a long time it was needed in that area and the citizens who go to those corners are not living... they are not... the residence is not there. They are coming from Allapattah, Liberty City... Commissioner Plummer: Did we want it? Ms. Kasse: ...Overtown, Little Haiti... Commissioner Alonso: Hmm? Commissioner Plummer: Do we... Let's get on with this. Ms. Kasse: ...Pequena Habana... Commissioner Plummer: I move item 8, Mr. Mayor. I'm not going to sit here all day for $39,000. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Any discussion? If not... Commissioner Alonso: Yes. And it is a good program and in an area that it's very much needed. We've been involved in that area, working with that, and they've been helping a lot. So... 52 February 25, 1993 Mr. Odio: Well, one area that we need to... Commissioner Alonso: It's very important. Mr. Odio: To finalize this problem over there, we're going to have to have powers to arrest, or to fine, the contractors who keep coming with their trucks there. Commissioner Alonso: Yes. As a matter of fact, we need the City Attorney to come up with an ordinance in that... in reference to this, and we will have to go also to the County, to be able to obtain the same at the County level, because it's just one side of the street is County and then the City of Miami has limitations in what we can do and what we cannot. _ Mayor Suarez: Yeah. It should be accompanied by a full-fledged enforcement =_ effort... Commissioner Plummer: And I... Mr. Mayor, I would strongly suggest that if they're going to serve the people of this City, that you get in a more central =— location. You are extremely to the outside... Mr. Odio: No, no. J.L., you miss... Commissioner Alonso: The problem is there. Mr. Odio: Wait, wait. The problem is there. Ms. Kasse: Yeah. Commissioner Plummer: That is a problem. Commissioner Alonso: Very serious problem. Mr. Odio: That's the problem. Commissioner Plummer: OK. How much... Mr... Mr. Ed Blanco: Commissioner... Commissioner Alonso: Very serious. Mr. Blanco: ...my name is Ed Blanco. I'm the administrator for Flagami area. The people ride the buses and they get off in that area. That's where the problem is. Commissioner Alonso: That's right. Mr. Blanco: That's why the office is located exactly there. Commissioner Plummer: Mr. Castaneda? Mr. Odio: ...Mr. Bianco. 53 February 25, 1993 Mr. Frank Castaneda: We get in excess of 1.3 million dollars. Commissioner Plummer: Why aren't you doing the kind of services that they're doing? Mr. Castaneda: We are. We are. And one of the things that I suggested to them was to get under the Private Industry Council and obtain funding to do what they want to do. Ccxnmissioner Plummer: Did you vote, as a member of the Council, to give $2,000,000 to the union? , Mr. Castaneda: For training, yes. Commissioner Plummer: And how much of it's coming back to the City of Miami? Mr. Castaneda: They have not started the promo, but one of the... Commissioner Plummer: Are you sure we're going to get our percentage of it? Mr. Castaneda: One of the conditions that we placed on that contract was that they had to... seven.... eighty percent had to be either black, Hispanic, or female on that... Commissioner Plummer: Is there any guarantee for the people of this City? Mr. Castaneda: The guarantee is that minorities will be hired and I have... you know, we had serious questions whether they would be able to accomplish that, Commissioner. Commissioner Plummer: Your serious questions, obviously, were because they've never done this before. Mr. Castaneda: That is correct. Commissioner Plummer: And you gave them, right off the bat, $2,000,000. Mr. Castaneda: No, sir. No, sir. It... Commissioner Plummer: How much? Mr. Castaneda: They have a program... if I recall, a trial program, a pilot program, and depending on how they do on that pilot program, they will go up to the $2,000,000 figure, Commissioner. Commissioner Plummer: I will be watching, sir. — Mr. Castaneda: Yes, sir. Commissioner Plummer: Because you're the representative of this City and you had better bring home the bacon. 54 February 25, 1993 E-7 Mr. Castaneda: I intend to. Mayor Suarez: All right. We have a motion and a second. Any further discussion? If not, please call the roll. Ms. Kasse: Thank you. Mayor Suarez: No, don't thank us yet. In fact, don't thank us at all. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-126 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE HISPANIC COALITION, INC. ("COALITION") TO PROVIDE A GRANT IN THE AMOUNT OF $39,595 FOR ITS JOB PLACEMENT AND IMMIGRATION ASSISTANCE PROJECT; DIRECTING THAT FUNDING THEREFOR BE REQUESTED FROM THE PRIVATE INDUSTRY COUNCIL ("PIC") AND IF NOT "GRANTED BY PIC, AUTHORIZING THE CITY MANAGER TO ALLOCATE SAID FUNDS FROM ANY AVAILABLE SOURCE OF FUNDING. (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: tone. 55 February 25, 1993 ..---------------------------------------_----_----------__--,...---------- 9. DISCUSS AND DEFER CONSIDERATION OF CODEC, INC.'S REQUEST FOR A REDUCTION IN THE FACE AMOUNT OF LOAN PROVIDED TO THEM, AND PRESENTLY OWNED TO THE CITY, IN CONNECTION WITH THE CONSTRUCTION OF INFRASTRUCTURE FOR THE MELROSE TOWNHOUSE PROJECT. --------------------------------.--__----------_---_---_--_------------------_-- Mayor Suarez: Item 9, this is CODEC, Inc. Commissioner Plummer: Mr. Mayor... Mayor Suarez: Yes, sir. Commissioner Plummer: Mr. Manager? Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Plummer: Explain this one to me. — Mayor Suarez: What's the, recommendation on item 9? Mr. Odio: OK. We have a recommendation on it, too, so let,.. Jeff, would you explain what we are recommending to do in this case? Yes, tell them. Tell them. Mr. Jeff Hepburn: What we have is a loan of about $1,000,000 made out to CODEC, basically to fund the site improvements at the Melrose Nursery property. They have experiences some cost increases, as far as the construction of those town house units, due to... Commissioner Plummer: What was the loan for? Mr. Hepburn: ...due to Hurricane Andrew. Commissioner Plummer: What was the loan for? Mr. Hepburn: To do the onsite improvements - sewer lines, water, those types of things. Commissioner Plummer: Go ahead. Mr. Hepburn: We're recommending... They're saying to us that the price has gone up. We're saying to them that they should go to surtax and... a surtax program, request increase in the sale prices, and still provide the City the full amount that we provide. Mayor Suarez: But, Jeff, if you do that, you're doing a nice pass -through - right? - and you increase the sales price, and people have to pay more for the unit and it's less affordable. Doesn't that sort of go counter to the spirit of what we're trying to accomplish? 56 February 25, 1993 Mr. Hepburn: Well, I think with the lower interest rates... You know, there are two mortgages that are going to be provided to the home buyer. Mayor Suarez: All right. Mr. Hepburn: Personally, I think that the interest rates for a first mortgage, it's not going to have a major impact on them. in terms of the second mortgage, as far as surtax, they either pay $25 or $50 a month. Mayor Suarez: Well, that's not a matter of opinion 1f the... when you say "personally, you" don't think it's going to have much of an impact... Either the... If the mortgage is I'M amount, that's the amount of impact you're going to have if you reduce the interest. I mean, it's a mathematical calculation. Why do you say personally you don't think the reduction in the interest in the first mortgage...? Mr. Hepburn: Well, again, I think he's going to have to raise the units, I don't know, maybe $5,000 per unit. Is it more than that? Well, maybe I should let Jose talk a little bit about it. Mayor Suarez: All right. Five thousand dollars per unit right now, Jeff, will take a lot of people out of the market. Maybe that's what the presentation... Maybe I'm preempting your presentation... Mr. Jose Fabregas: Hi, my name 1s Jose Fabregas, executive director of CODEC, 300 SW 12th Avenue. And yes, we do plan to go to surtax. We already talked to surtax, and they asked us to do a new appraisal of use. We have... We received that yesterday, but I haven't had the chance to pass it through with the package to the Commission. This... The recommendation of the appraisers is that we raise four percent on the two -bedroom units and six percent on the three -bedroom units. Commissioner Plummer: What would that do for the overall project? Mr. Fabregas: That would give us three... of the shortage right now, it's basically $600,000, that would cover $300,000, Commissioner. We're still $300,000 out that the bank is going to lend us the money because the project is almost completely sold out. People have been... On the first phase I cannot raise the prices, because I'm under contract for all the first phase already - thirty-nine qualifications by the bank and surtax, both. And... Mayor Suarez: Let's clarify something. Mr. Fabregas: Yes. Mayor Suarez: When you say you're under contract, that means under contract with the ultimate buyer? Mr. Fabregas: With the ultimate buyer, sir. Mayor Suarez: And those people have qualified and those people are ready to move in as soon as you complete it. Mr. Fabregas: As ready as I close them. 57 February 25, 1993 Mayor Suarez: Because, you know, this has been a long time coming this project, so we want to make sure that we're close to the promised land here. Mr. Fabregas: No, sir. We're in the promised land. We're in the foothold right now. But... Mayor Suarez: I don't see the promised land that they... Commissioner Plummer: Where... Mr. Manager? Mr. Odio: Yes, sir. Commissioner Plummer: Where did the money come from for the original $1,000,000? Mr. Odio: The housing... Mr. Hepburn: 1976 GO (Government Obligation) Housing Bonds, the interest income. = Commissioner Plummer: Now, he's saying that he would be short $300,000. Why are we considering by reducing the loan $500,000? That doesn't make sense to Mee Mr. Fabregas: No, Commissioner. There's a reason... Commissioner Plummer: Sir? Mr. Hepburn: I don't have an answer to that. Commissioner Plummer: Oh, you don't have... OK. Mr. Hepburn: Our recommendation is not to do it. Mr. Odio: We are not recommending it. Commissioner Plummer: Oh, OK. Go ahead, sir. Mr. Fabregas: No, no. Sir, what we're saying $500,000 is before we had the i appraisal. And we had the appraisal yesterday, when we could do the calculations that are permissible for... the surtax is going to permit us to raise this amount on the sale price. We asked for $500,000 for two reasons.ZZ _ Number one is, phase three is going to be far along the line. The prices of construction, and I brought an expert witness here on the prices of — construction, will rise more than the eight percent that Andrew has cost us. So, we're considering a little cushion there that to carry over for any overage that we will have... Mayor Suarez: How little is the cushion? Was it 500 yesterday... Mr. Fabregas: Well... Mayor Suarez: ...and today it's 300 or...? 58 February 25, 1993 Commissioner Plummer: Soft cushions. Mr. Fabregas: We didn't have a figure yesterday. We thought it was going to be four hundred and... Mayor Suarez: Oh, the cushion is 200. I see. OK. I see. Mr. Fabregas: Yeah. We thought it was going to be 450 and 50 cushion, but we can live with 350. In other words, we didn't have these figures. They came in yesterday. I'm asking for... I can get 300 out of the 600 shortage and I'm asking the City to cooperate with $300,000. That's all I'm asking, sir. Commissioner Plummer: Oh, that's... Well... Vice Mayor De Yurre: If I may ask some questions... Commissioner Plummer: Sure. Vice Mayor De Yurre: ...just to get some edification here. Now, what percentage of construction is completed on phase one? Mr. Fabregas: It's 85 percent. Vice Mayor De Yurre: Eighty-five percent. So, basically, it's done. What do you need to be done on phase one still? Mr. Fabregas: On phase one, we need to pave the road. We have the entire water and sewer agreement for the whole project. So, we're not suffering with the problem we have with the moratorium. But we will need just to paint... We're painting at this point in time... Vice Mayor De Yurre: OK. Now, do you expect that because of hurricane Andrew, that you will have a deficit in that phase one? Mr. Fabregas: Yes, sir. Vice Mayor De Yurre: How much? Mr. Fabregas: A hundred and eighty-six thousand dollars, that's what the contract... Vice Mayor De Yurre: OK. One eighty-six. You're asking for how much, now? Mr. Fabregas: I'm asking in total... in total for $600,000. Vice Mayor De Yurre: OK. Six hundred. Now, let's go to phase two. Mr. Fabregas: Right. Vice Mayor De Yurre: What are your projections there? 59 February 25, 1993 MOW L .3 t Mr. Fabregas: I have $218,000 by the contractor as a hike on the prices of the construction... Vice Mayor Be Yurre: Based on what? Mr. Fabregast Based on his estimate of the prices of the materials and labor that have reason due to the hurricane. Vice Mayor De Yurre: OK. That is due today? Mr. Fabregas: That phase two will be due when it's in construction. _= Vice Mayor Be Yurre: OK. And we have Sergio Pino here, who is a major part of the building industry in this community. Mr. Fabregas: Exactly. Vice Mayor Be Yurre: My question is, do we expect prices to stay high because of Andrew forever? Or does there come a point in time that prices eventually tend to start coming down and stabilizing? Commissioner Plummer: They've got to. Vice Mayor De Yurre: Historically, for example, with Hugo in the Carolinas and other areas where they've had this experience, what happens? When do they start stabilizing? Mr. Sergio Pino: The experience is, Commissioner, they will stay high for the next five years. That's what happened with Hugo in Worth Carolina. That's what we're looking for.., we're looking that's going to happen here in Dade County. Vice Mayor De Yurre: OK. So you feel... Mr. Pino: The next five years. Vice Mayor De Yurre: ...this eight percent increase will remain throughout... Mr. Pino: I think it's more than eight percent. Vice Mayor Be Yurre: Weil, if... Mr. Pino: It is more than eight percent. Commissioner Plummer: Yeah. Vice Mayor De Yurre: Well... Mr. Pino: Not only have the materials increased in price, but also a job that you could do in a year, it will take you two years to finish now. So, you have the interest carry over and the delay on the construction. Vice Mayor Be Yurre: But, I'm quoting from a letter from CODEC about the eight percent signed by Mr. Diaz. He was the one who quoted the eight percent increase. 60 February 25, 1993 Vice Mayor Be Yurre: That's why I'm not... I'm not throwing this number. Mr. Pino: OK. Vice Mayor Be Yurre: Because I have no notion... It could be... If you tell =_ me it's tent then I'll believe you it's ten. Mr. Pino: Well, in some cases there... Roofing paper, for example, I used to =_ buy a roll of number 30 and number 15 for about five dollars. That cost you ten dollars today, so that's 50 percent. That's twice the amount. So, in some cases it went up more than others. So, maybe overall it's eight percent. Vice Mayor De Yurre: OK. So, we're talking about eight percent now. Is -� there any interest being paid on the money that we've given you at this point In time? Mr. Fabregas: So far, I have paid the City of Miami $30,000 in interest and In taxes... property taxes, I am about to pay $37,000. Commissioner Plummer: We love you. Mr, Fabregas: Thank you. Vice Mayor De Yurre: And you're current on the payments? Mr. Fabregas: On the interest payment, yes, sir. Vice Mayor De Yurre: And the taxes? Mr. Fabregas: The tax is coming up. I just received the notice. And there was a problem with the recording... Commissioner Plummer: They're not occupied yet. Mr. Fabregas: ...so we had to reassure that recording. That was... Commissioner Plummer: Not occupied. Vice Mayor De Yurre: OK. So, when do you expect to begin phase two? Mr. Fabregas: I expect to begin phase two by the middle... by June, by the summer. I would have tb close phase one and I need a percentage of sale, which I already have in the bank, but I need to qualify the people - first one first - and then I start qualifying the buyers of phase two. Vice Mayor Be Yurre: How long do you think phase two will take to finish that? Mr. Fabregas: Eight months. 61 February 25, 1993 fi- Vice Mayor Be Yurre: Eight. In eight months. And then you begin phase three? Mr. Fabregas: Yes, sir. By the way, all the units from phase three, all the three -bedroom units are sold in the total project. We only have about twelve units left right now without a deposit, of the entire 150 units. — Vice Mayor Be Yurre: And you're asking then 218 for phase two and... Mr. Fabregas: Which I will make up with the increase in price and, hopefully, with what the City will give us. Vice Mayor Be Yurre: OK. But if we give you... Commissioner Plummer: Are you finished, Commissioner? -� Vice Mayor Be Yurre: You're asking us to give you $600,000... Mr. Fabregas: No, I'm asking to... I'm asking, at this point in time, for $300.000. That's all. I will make up the rest with the price increase, sir. Vice Mayor De Yurre: OK. And the 300 will be applied to phase two and phase three. Mr. Fabregas: Yes, sir. Vice Mayor Be Yurre: You don't need it for phase one. Mr. Fabregas: No, as a matter of fact, it would be applied to phase one right now, because I cannot increase the price on phase one. So, I need that to carry over phase one. Vice Mayor Be Yurre: But aren't you 85 percent complete? Mr. Fabregas: Yes, sir. Vice Mayor Be Yurre: So... Mr. Fabregas: But anyway, the tile... the roof tiles, the paper, the most important things... Vice Mayor Be Yurre: You don't have those under contract? Mr. Fabregas: They are under contract, but there is an increase. So, right now... Vice Mayor Be Yurre: No, no. But hold it. Mr. Fabregas: ...I have the roofer walked it. Vice Mayor Be Yurre: ESPERA. Hold it. Just a second. Mr. Fabregas: Yes. 62 February 25, 1993 Vice Mayor Be Yurre: You have a contract for somebody to purchase a unit, Mr. Fabregas: Right. Vice Mayor Be Yurre: If you have a contract with a... Mr. Fabregas: I have a contract with a general contractor. Commissioner Plummer: I wish I had a loan and somebody would kill 50 percent of it. Vice Mayor Be Yurre: ...with a general contractor... Mr. Fabregas: Yes, sir. Vice Mayor Be Yurre: ...starting from day one that he was going to build this for "X" amount... Commissioner Plummer: I,wrish if I had a loan and I couldn't pay, somebody would kill 50 percent of it. Vice Mayor Be Yurre: ...he's committed to that amount. He can't change it because Andrew came along. Commissioner Plummer: That's great. Mr. Fabregas: Right. But we also would like that contractor to continue with phase two and three. If I break him on phase one, then I have to he looking for a second contractor, then there will be a delay, then there will be more money into interest, and that will be a lot. So, I would rather work with the contractor that I have. Vice Mayor Be Yurre: Sir... OK. So, then you're asking us.,. you're asking the City to bite the bullet in saying, we cannot raise prices, because we have a contract with the purchasers. But yet, though we have a contract with the developer, he wants to break that contract with us. So, we have to give him what he wants, so we can finish the project. So I can understand what we're saying here. Mr. Fabregas: If you look at it as to bite the bullet, I look at it as an investment into a new taxpaying basis. Vice Mayor Be Yurre: No, you can call it whatever you want. Mr. Fabregas: Weil... Vice Mayor Be Yurre: I'm looking at the bottom line... Commissioner Plummer: Yeah. But what about... There will be no future. Vice Mayor Be Yurre: ..,is that if we have... Whatever applies to the goose, has to apply to the gander. OK? If you're telling me that something applies because we have a contract, we cannot change this here, but yet, we have a contract here and it can be changed, then something doesn't make sense. 63 February 25, 1993 777 Mr. Fabregas: Yes, Commissioner. But Andrew came by, right? It affected everybody. Vice Mayor De Yurre: Six months ago. Mr. Fabregas: Isn't that right? Six months ago, and we're still affected from... we're probably affected for the next five years. Now, it's my understanding that we have to work... every price has been increased. Now could I go back and tell a contractor now - a contractor who is doing the best he can... You just heard expert witness that the amount of increase is about 12 percent. We are only looking at eight percent here because we held our prices back as much as we can. The increases are just on the necessary items to do the project, not... if you look at this, nothing about film, nothing about... other items have not been affected - just the items that have been affected for... Vice Mayor De Yurre: OK. And what are those because... Mr. Fabregas: I have a breakdown right here, sir. Vice Mayor De Yurre: Unfortunately, you know, all I have is a picture here. OK. Commissioner Plummer: If you borrowed the money from a bank... Mr. Joseph Portoundo: If I may... Excuse me. Commissioner Plummer: Sure. If you borrowed the money from a bank... Mr. Fabregas: Yes, sir. Commissioner Plummer: ...would you go to them and ask them to cut the loan in half? Mr. Fabregas: No, sir. Commissioner Plummer: Yeah. Mr. Fabregas: Absolutely. Commissioner Plummer: Let me tell you, my concern happens to be - and you've heard this story out of my mouth before... Mr. Fabregas: Yes, sir. Commissioner Plummer: ...and wi11 continue to be. If I cut that loan in half, or even the $300,000 that you're now asking for, this program is going to come to a halt. We're not going to have any more money. You can only... The barrel is only so deep and you've been here to this barrel many times. Mr. Fabregas: Yes. 64 February 25, 1993 r Commissioner Plummer: And this Commission has been extremely good to you. _ Now, I'll tell you where my vote 1s - very simply - you need relief. Mr, Fabregas: Um-hs►m. Cofrnissioner Plummer: You're entitled to relief. You want to extend the loan time, you want to reduce the interest, you want to waive the interest for a year or two to give you some relief - sir, that I'm willing to vote favorably on. But if I vote to eliminate 50 percent of the loan, then the next one that - comes in here and says, "Hey, we want to do the same as CODEC," I've got to tell him, "I'm sorry. The cupboard 1s bare." So, all I'm saying to you, my -_ vote will be predicated to give you as much relief as we can give you in any way shape, but I can't eliminate the loan. Mayor Suarez: I don't have a clear consensus from the Commission, Jose, but it may behoove you to take a little time, table the item, consider some sort of a reformulation in terms of reduction of interest rate and extension of time for the principal to be paid which gives you... Commissioner Plummer: I have no problem with that at all. Mayor Suarez: ...which gives you the kind of ultimate relief to the buyers. We want the people to be able to buy it. I would like to be able to think that whatever vote we do here, the ultimate purchase price will not go up. The answer to Commissioner Plummer's question is really, you can't do that with the bank, but what you do is you just raise your purchase price to the buyers, because that's the commercial reality. Mr. Fabregas: Yes. Mayor Suarez: Now, in doing so... Commissioner Plummer: But that's... Mayor Suarez: ...and in the assumption that this will pass, may I assume that... You know, you're wearing a very nice suit and everything else. May I assume that you don't all of a sudden have a lot more staff, any relatives on the payroll? I mean is your... Are you functioning as efficiently as when we first entered into this deal with you? Mr. Fabregas: Commissioner, I'm still functioning with $50,000 and the same six members of my staff... Mayor Suarez: Very good. Mr. Fabregas: ...that I started about four years ago and... Mayor Suarez: So, this will be... Mr. Fabregas: ...we're still getting the same... Mayor Suarez: Whatever relief we give you, to use Commissioner Plummer's word... 65 February 25, 1993 s Mr. Fabregas: It goes straight to the project. Mayor Suarez: ...will be a pass -through to the ultimate buyers who will buy for less, and therefore, we hit what we intended initially. Remember the definition we used. Maybe people don't like to be called this... Mr. Fabregas: No. Mayor Suarez: ..."the working poor." We don't... We're not in the business of building and selling housing for the upper middle class, certainly, or even the middle class. We're trying to help people who otherwise will end up in public housing, who otherwise will end up living at home with their parents and just simply will not be able to get started in life. Commissioner Plummer: What interest are they paying now? What interest? Mayor Suarez: People with marginal salaries, OK? And you're still geared at those people. Are you not? Mr. Fabregas: Absolutely. And I'll tell you what... Mayor Suarez: What... Mr. Fabregas: ...I'm going to... Mayor Suarez: What percentage of your buyers ... will be people in the federal poverty guidelines? Mr. Fabregas: A hundred percent of our clients right now. Mayor Suarez: OK. This is very important. I wouldn't want anybody 1n the audience or anywhere else to think, you know... Commissioner Plummer: Well, Mr. Mayor, I just inquired. They're paying presently on this loan three percent. And you... And I want to tell you, I'd be the first here - you want to reduce it to two percent? I mean, 1f that's a help, which I think it would be over a period of time, fine. You want to waive the interest for one year? Fine. But I cannot waive that kind of money. Mr. Fabregas: Commissioner, the interest on one year is only $30,000. Commissioner Plummer: I understand that, sir. Mr. Fabregas: OK. Commissioner Plummer: But over ten years it's $300,000, which is exactly what you're asking. Mr. Fabregas: Right. Absolutely. But I can't take ten years to build the project. Otherwise, I'll be... My idea is a combination of both things. I can work with staff to see how much it is, but still we will be short and I will be forced to increase the price and let me tell you what that would do to - our basis right here. To the family that is making $16,000 right now... _ 66 February 25, 1993 Commissioner Plummer: Don't they have a contract with us that they cannot... Mr. Fabregas: ...and can afford a three -bedroom unit... Commissioner Plummer: They cannot raise the prices. Didn't they make a guarantee to this Commission? Mr. Fabregas: ...those families will not be able to afford it any more. We jump immediately to $19,000. So, immediately you've eliminated probably around 15 percent of the very low income buyers of this project who cannot purchase their house. They are left out of the project. So, if I increase the prices.. if I do a combination of both - of getting some relief and some increase in price - they can still maintain the families that are somewhere around $17,000. So, in other words, I'm... still my major supply of buyers, which is the three mile radius of my project, will still be there. And those people are in the very low... a hundred percent of them are in the very low income bracket. So, I will... I'll be cutting out a lot, if I increase the prices too much. The reduction of the interest, it helps. I'm not saying no. It helps. And the reduction of the property taxes, it would help too. Commissioner Plummer: We can't do that. Mr. Fabregas: No, I know that and I'm not even asking for it. I'm not even asking for the land. I'm asking for this because it is a fair combination of both. It is a price increase that I can still cater to those families of the very low income, and something that would... that the City I wish would view it as an investment on the new tax base that we're creating. Commissioner Alonso: Maybe we should defer this item and look at possibilities of getting some sort of agreement, looking at the interest reduction and some other possibilities, and not make a decision here today. Vice Mayor De Yurre: And particularly when we just got this handed to us. You know, we have to have -some time... Mr. Fabregas: No... Vice Mayor De Yurre: ...to absorb these things, particularly when we are talking about businesses, we're talking about numbers. But I think the bottom line and the consensus of this Commission is that... at least, as far as I'm concerned, that this project is one of the more significant projects, as far as housing, that we've had in many years. Commissioner Plummer: I agree. Vice Mayor De Yurre: And it's something that we want to see accomplished and we want to see it through. However, we want to see it done the way that it won't prevent future generations from also enjoying from this housing opportunity, from future projects and things of that nature. So, if there's a motion to defer this item, I'll second it at this time so that we can study this further and come back and give it whatever relief we deem appropriate. 67 February 25, 1993 Commissioner Alonso: It it possible for you to wait until the next Commission meeting so we have an additional time to sit down with you, look at the possibilities, discuss with the Administration and come up with some sort of relief that is acceptable? Mr. Fabregas: OK. My priority right now, my hurry, is because we are just about to close on phase one. If I could solve phase one, I would have time to... And remember, I cannot increase the prices, because I contracted. So... Commissioner Alonso: And what is the problem specifically with phase one? Mr. Fabregas: Phase one... Commissioner Alonso: What kind of relief will you need for phase one? Mr. Fabregas: It's a hundred and eighty thousand dollars. Commissioner Plummer: Short. Mr. Fabregas: That's what we're short right now. Commissioner Alonso: Short on this... Mr. Fabregas: That is the increase in prices of material and labor, due to Andrew and Mr. Portuondo here represents the contractor and he would like to say a few words on behalf of the contractor. Commissioner Alonso: Doesn't FEMA (Federal Emergency Management Agency), that resolves everything around here, resolve this one too? Mr. Fabregas: I went to We Will Rebuild... I'd like you to hear this story because... Commissioner Plummer: The magic wand? Commissioner Alonso: Yes. Mr. Odio: No, no. Mr. Fabregas: You don't want to hear it? It was presented at We Will Rebuild to see if we could help... get help from them - absolutely not - nothing north of Kendall Drive. That's what I was told. Commissioner Plummer: Nothing north... Mr. Fabregas: Nothing... They will not give any money... And it was not presented by me, it was presented... this Melrose Projects by Patrick Sessions at the Housing Commission of We Will Rebuild, with Marty Fine and we were told that they do not help anything north of Kendall Drive. Commissioner Alonso: Andrew? Did you suffer damage in the construction as a result of C February 25, 1993 Mr. Fabregas: The damages were covered by the insurance. This is the price increase in the materials. Commissioner Alonso: I see. Commissioner Plummer: Are we assured that every one of the people who buy into this project are City residents? Mr. Fabregas: They are not City residents all of them. Vice Mayor De Yurre: They will be. Mr. Fabregas: Most of them are. There a three mile radius... Vice Mayor De Yurre: They will be. — Mr. Fabregas: They are... They will be. Commissioner Plummer: No, no. That's not my point. If we're subsidizing this with City of Miami's taxpayer money, it would seem like to me, that at least preference and priority would go to City residents. Now, that seems logical to me. Mr. Fabregas: As the... Due to the Equal Opportunity Law, we have to take them on a first -come first -serve basis. It happens that most of them... Commissioner Plummer: Whoa, whoa. Commissioner Alonso: Do you have the numbers? Commissioner Plummer: What do you mean under equal law? Mr. Fabregas: Well, we... Commissioner Plummer: Does anybody else equally contribute? Mr. Fabregas: Dade County Surtax. Commissioner Plummer: Yeah, fine. Mr. Fabregas: So... And Dade County also in our staff... I mean, they gave us the money for our staff, et cetera. So... Commissioner Plummer: Isn't that nice? Commissioner Alonso: Do you have the percentage... Mr. Fabregas: I could get that list. Commissioner Alonso: ...of City of Miami residents? Mr. Fabregas: I could get that list to you, Ms... 69 February 25, 1993 0 Commissioner Alonso: recollection? It's most of them? Do you have some sort Mr. Fabregas: I don't know, because I really do not deal with the sales directly. I just happen to nxet everybody because they come to our office, F and we do... we do as much as we can for them. Mostly we do credit enhancement. That's what we're doing for these people who... But we have residents from both north and south of this development. Again, the most... most that I've seen are within the City limits. Commissioner Plummer: The motion is to defer? — Commissioner Alonso: It will not really affect the project at the present time if if we delay this for two weeks, will it? Mr. Fabregas: Well, it's... I'm coming to the... I have to close with the bank. That's my problem. And I'm just looking now for... if I could get at least $1.86,000 for the first phase - that's all my increase - I would solve the problem. Commissioner Alonso: It seems to me... — Mr. Fabregas: Yes. — Commissioner Alonso: ...what I hear up here at this particular time, that you - will be better off if we have some time and the members of the Commission... Commissioner Plummer: Agreed. Mr. Fabregas: OK. Commissioner Alonso: ...work with the staff and we come up with some agreeable understanding. It seems to me that if you push for a vote, it might not be what you want. Mr. Fabregas: OK. Commissioner Alonso: So, I will... Commissioner Plummer: I think the motion on the floor... Commissioner Alonso: I think it's better for you... Mr. Fabregas: OK. Commissioner Alonso: ...if you have a two week delay. Mr. Fabregas; OK. Commissioner Plummer: I think the motion on the floor is to defer and any further conversation has to be to the deferment. Mr. Joseph Portuondo: May I please be heard on the issue, Commissioner? 70 February 25, 1993 Commissioner Plummer: Of deferring? Mr. Portuondo: Yes. My name is Joseph Portuondo. 1 have offices at 150 Test Flagler Street and I represent the developer. I'm an attorney. And while I'm not going to get into the specifics of the other merits of the project itself, I want to address that point which relates to the general contractor in this case. I don't think there is anybody in this room, professional or otherwise... I don't think we need Mr. Pino here to tell us that the hurricane caused an increase in construction costs. Commissioner Plummer: No question. Mr. Portuondo: Everybody knows it. Nobody is doubting our numbers. There is no doubt that this extra expense has been laid on somebody and now the issue is, is 1t going to be laid on the contractor, my client, or is it going to be laid on this gentleman? That's the issue. And I will tell you my humble legal opinion is that when you have a contract to. construct property based upon existing facts that you assume as the basis of your contract, and something like a hurricane comes in and changes Via underlying, fundamental basis of the contract, that you're no longer bound by that contract. And the doctrine is learned in the first year of law school, it's called the "doctrine of changed circumstances." Commissioner Dawkins: Hold it. Are you threatening me saying that if we don't give him the $186,000, he's going to walk out on the project? Mr. Portuondo: No, 1'm... Commissioner Dawkins: Is that what you're telling me? Mr. Portuondo: No, I'm not saying that. I just wanted to clarify... Commissioner Dawkins: OK. Well, that's what I hear. Mr. Portuondo: No, I'm not. Commissioner Dawkins: OK. All right. OK. Mr. Portuondo: I just wanted to clarify that by... that the general contractor is not bound to those prices under the circumstances. I heard people... I heard the argument being said, well if he's bound to sell at that price... Commissioner Plummer: Is that true? Mr. Portuondo: ...what's good for the goose is sauce for the gander. The contractor has to build at that price. That's not a fair statement of the reality. Commissioner Dawkins: Do you know what? Let me make a suggestion to all of you. Commissioner Plummer: You know, I've got... I'm sorry. 71 February 25, 1993 R Commissioner Dawkins: No, no. Wait a minute. No, J.L. Let me tell him because, you see, I know what you're getting ready to tell them. Mr. Portuondo: No, I just... Commissioner Plummer: Now I'm upset. OK? Commissioner Dawkins: I know that. I know what you're getting ready... Mr. Portuondo: I didn't mean to upset you. Commissioner Dawkins: The best thing you can do... Commissioner Plummer: No, no. You did upset me, because let me tell you something, if I sign a contract... Commissioner Dawkins: The best thing you can do is take a deferment and come back while all of us are willing to try to help you, because you're getting further• in the hole where those of us who are going to vote for you will not vote for you. Mr. Portuondo: I didn't... Commissioner Dawkins: OK. No, that's all. Mr. Portuondo: I'm not the applicant here. who isn't appearing here today. Thank you. Mr. Fabregas: I will take the defer. Commissioner Plummer: I'll shut up. Mr. Fabregas: Right. Like your beard. I just want to defend my client Commissioner Plurmier: Hey, look. All I'm saying is come back with something that we can massage out and give you relief. I want to give you relief, but I want the program to continue. Mr. Fabregas: OK. Commissioner Plummer: If I don't have money, there is no way the program can continue. I want to do both things - help you and help the program. Commissioner Dawkins: And I want this project finished, if you don't finish another one. But let's go. Come on, let's do it. Mr. Fabregas: OK. All right. Mayor Suarez: The motion is to defer? Commissioner Plummer: Yes, sir. Mayor Suarez: So moved and second. Any discussion? If not, please call the roll. 72 February 25, 1993 THEREUPON MOTION DULY MADE BY C"ISSIONER ALONSO AND SECONDED BY VICE MAYOR DE YURRE, ITEM 9 WAS DEFERRED BY THE FOLLOWING VOTE: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez None. None. COMMENTS MADE DURING ROLL CALL: _ Vice Mayor De Yurre: Let me ask a question before I vote. Are there any other monies set aside for phase two at this point in time? Mr. Fabregas: Yes, sir. We have surtax money. Vice Mayor De Yurre: OK. Now none of... Can... Mr. Fabregas: And we have the banks' money. Vice Mayor De Yurre: Can any of that money be used to finish up phase one? Mr. Fabregas: The banks will not allow it and surtax will not give us the change, because they have a clause that it's no more than $1,000,000 per phase. So, that means, in through their works... I could also explore the possibilities of the home monies, but federal monies would trigger something that happens over the project that is a noise barrier, and it would create havoc. Vice Mayor De Yurre: OK. So, if I understand this before I vote... Mr. Fabregas: Yes. Vice Mayor De Yurre: Basically, you're saying here today that it's not up to you to finish the project. It's up to the contractor to finish the project. Mr. Fabregas: No, no. I'm the developer. I have to finish it, whether the contractor... Vice Mayor De Yurre: No, but you don't have... Right now, you're telling us that you don't have the wherewithal to finish it. Mr. Fabregas: I'm short $186,000, that's what I'm telling you. Vice Mayor De Yurre: OK. So, you can't finish it right now. Mr. Fabregas: At this point in time, as the contractor, I have to look for a hundred... as the developer, I have to look for $186,000. 73 February 25, 1993 Vice Mayor Be Yurre: OK. Commissioner Dawkins: And that's... Vice Mayor Be Yurre: Answer my question. It's simple. Commissioner Plummer: They can't even get the lights turned on. Vice Mayor Be Yurre: Right now, can you finish the project? Mr. Fabregas: I could call the payment of performance bond on the contract, if he doesn't perform I mean, that's... That I could do that. Vice Mayor Be Yurre: OK. So, you're telling me that contractually there is a way of binding the contractor to finish. Yes or no? Mr. Fabregas: Contractually, we could obligate and get into legal matters and then we will be more in debt to the attorneys than anybody else. Vice Mayor Be Yurre: OK. So the... you know, the bottom line is what we want to do is to work out something that's suitable. We have to understand what the Issues are; legally, who is bound to what, what depends on this thing being resolved. I just... You know, what I hate Is somebody coming here and trying to give us a snow job, on the Nth hour bringing us a piece of paper and we're expected to make an intelligent decision within 15 minutes of just hearing gyrations and this and that. You know, we have to do things in a way that it's... Mr. Fabregas: Abso... And I'm willing to work with staff to, like Commissioner Plummer says, to massage this to see what we can do. That's it. Vice Mayor Be Yurre: And we will work it out. Conmissioner Plummer: And we'll work with you, sir. Mr. Fabregas: We will work it out. Vice Mayor Be Yurre: OK? We'll get this thing done. Commissioner Plummer: We'll work with you. Mr. Fabregas: OK. I'm agreeing to that. Vice Mayor Be Yurre: OK. Great. I vote yes. COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Now we go from CODEC to sub sandwiches. Mayor Suarez: You should know, Jose, and your council, and former... distinguished former president of the Latin Builders, et cetera, that part of the confusion up here, at least from my perspective, Sergito, 1s that we're trying to coordinate a meeting with the secretary of HUD (Housing and Urban 74 February 25, 1993 a I ] Development) who is going to be in town tomorrow, folks. So, I'm sorry that we don't look like we're a►s attentive as we are. We are working to set up this meeting with Secretary Cisneros, he's going to be in here tomorrow, we're going to be talking to him at the Mayor's Consortium and I want to invite may colleagues to that meeting. I know some of the other mayors will be a little bit upset. It will be at 10:15 tomorrow and it's not that we're not being attentive to your issue. No, it will not be here. Commissioner Alonso: Not here. Mayor Suarez: It will be at an unknown location to be given to selected people. Yes? Mr. Fabregas: By the way, HUD will not process any applications under the moratorium of water and sewer for any projects. Mayor Suarez: That was the other bad news you were going to give us today. All right. Have we called the roll on the motion? Commissioner Plummer: We already have. Commissioner Alonso: They completed the roll call. Mayor Suarez: OK. Item 10. Commissioner Plummer: What do you need the pictures back? You got it Toyota. ----------------------------------------------------------- NOTE FOR THE RECORD: At this point, Mayor Suarez makes brief comments in connection presence in Miami by Henry Cisneros, Secretary of Housing and Urban Development (HUD) . ----------------------------------------------------------- 10. STATUS REPORT CONCERNING SITUATION RELATING TO MS. STEPHANIE DARRING (JERRY'S SUB SHOP) AND THE BAYSIDE CENTER LIMITED PARTNERSHIP. ------------------------------------------------------------------------------- Mayor Suarez: Item 10. update on the situAtion relating to... Commissioner Plummer: What about the sub shop? Mayor Suarez: ...Ms. Stephanie Darring. Is this one still on the agenda? Item 10? Is that what distinguished Philadelphia counsel is here for? Mr. Reginald A. Richardson: Good afternoon, Mayor. Reggie Richardson from the... Mayor Suarez: Also well dressed, looking very prosperous. 75 February 25, 1993 Mr. Richardson: ...law firm of Adorno and Zeder. I have with me Ms. Stephanie Darring, her husband Al, Dave... Mayor Suarez: Now, we have a rule here about not bringing babies to argue matters and... Commissioner Alonso: This is definitely a baby. Mayor Suarez: And you definitely have a baby there. Commissioner Alonso: Very much kicking and alive. Mayor Suarez: So, I don't know. This is... You know, it's that... Commissioner Plummer: Well, Mr. Mayor... Mayor Suarez: I want you to know... Commissioner Alonso: So you'd better do well. Mayor Suarez: ...to say something tight here, because we've had... there was a situation where former judge - I think he has passed away - Dominic Koo had to rule on a case of the carpoolings, you know, where people have to be more a than one per vehicle and a pregnant lady was stopped and given a ticket and -= she went and argued that there was more than one person in the car. And Judge Koo who had been born in China, if I remember correctly, ruled in her favor and concluded that the unborn child was a person. So, te11 that to the Supreme Court of the United States. In any event... Commissioner Alonso: One that they should remember... Commissioner Plummer: And he was the only man who in campaign ever put out obscene fortune cookies. Mayor Suarez: I don't remember that part of Dominic Koo's life. Commissioner Plummer: I do. Mayor Suarez: I don't subscribe to it. I don't agree with it. I have no knowledge of it. And what is Mr. Siplin doing over there? You guys have got a surplus of lawyers, or what? Commissioner Alonso: Smiling about the baby. Commissioner Dawkins: No, he doesn't have a baby over there. Mayor Suarez: Today is a day for lawyers. OK. Commissioner Plummer: Well, isn't this one... Isn't this matter resolved? Mr. Richardson: No, the issue isn't. As I understand it, we're going to have a meeting tomorrow, all the people from, I think, Maryland from Bayside have been called down. These are supposed to be the people who can say yeah or nay on what we want done. As of the last meeting, nothing substantially has 76 February 25, 1993 actually changed. we got a letter that deals with some of the issues that we wanted to deal with. That letter is not... Commissioner Plummer: But counsel... Mr. Richardson: yes, sir. Commissioner Plummer: ...before you go any further. Commissioner Dawkins: OK. Commissioner Plummer: Let's make sure we understand, as we did before, that this is a disagreement between two private parties and this City Commission has no right to interfere between the two private parties. We can listen to you, we can sympathize with you, but we can't force them, nor could we force your client, to enter into anything based on what this Commission may or may not do. Now, standing up here, telling it like it is in the public, might bring a little change of thought. But just so we understand each other that there is nothing that this Commission can force two private parties to do. Mr. Richardson: Well, you're absolutely correct. I think when it comes to the issue of force, should we need to do that, each side can fend for themselves. However, we do bring this before the City Commission because it does deal with the minority question within that project, which Bayside came to this City Commission to get access to. So, in that sense, there is a little bit of privity there. I won't go into a contract analysis, but there is a little bit of privity there for the City Commission to hear this issue. Bottom line is simply this - we have not resolved this issue yet, there is a meeting set for tomorrow. All of the people who have the power to resolve the meeting - I've been told by counsel Siplin and he's right on the money - will be there tomorrow. We will go to this meeting tomorrow. We will dicker and see if we can do something. If the outcome of that meeting is that we resolve this issue, we'll cone back and tell you that we've resolved the issue and things have worked fine. If the outcome is that we've been, to use the term, "Jerked around" again, we'll come back and tell you we've been jerked around again and we'll seek other routes. Commissioner Dawkins: No, I'm going to do better than that. I want to tell all of you. First I want to put in the record, at no time did Attorney Siplin state that he had the authority to speak for Rouse company. At no time was that implied. What Mr. Siplin said was that he worked for Rouse and he could attempt to present it to Rouse, hoping to get a favorable position. Now, that's where... that's what was said. OK? That's right. That's the only... Now, what I want to say to both groups, as was said by Mr. Richardson, there was a minority promise. The minority promise no longer exists. At a time there was a Latin manager and a black assistant manager. Then the Latin manager moved on and the black became the manager and then there became a Latin assistant manager. They were still following the minority concept. Now, the black manager moved on. Now they have a Latin manager but they do not have a black any place. I want them to understand, I know this. They do not have a black any place in line and I'm concerned about that. Here's another black female who they promised all kinds of promises, and each time they're supposed to deliver these promises, she's wrong. OK? Mr. Siplin, Rouse Company, drew the plans. Rouse Company hired the architect. Rouse 77 February 25, 1993 „ . F;.- Company hired the contractor. Rouse Company finished the project. And =- according to her, it wasn't finished to her satisfaction. Now, I don't intend to bring this back to the Commission any more. I'm prepared to go with her to court on her side and tell them that Rouse Company is not fulfilling my - minority part of it. OK? But that... We see you all whatever... wherever we have to go. Mr. Richardson: What weld like to do to sort of put some closure to it, if the County Commission would allow us to do this... Comnissioner Dawkins: County? Now you definitely hear anything from us. Mr. Richardson: I'm sorry. I'm sorry, Commissioner Dawkins. ...the City Commission... Commissioner Dawkins: Yes, sir, Mr. Richardson. Mr. Richardson: ...would allow us to put some closure to it. If we can come back within 30 days and just let the City know... Commissioner Dawkins: But if you don't, what? Mr. Richardson: Well, no. I just want to come back to let you know that we've either worked it our or we haven't worked it out. And who knows? We may go some other route prior to that, but I do want to have that closure because it's always nice to finish things like that, if it's OK. Commissioner Dawkins: OK. Would you like to have a closing, Mr. Siplin? Or are you just going to take it from the top? Gary A. Siplin, Esq.: Pardon me? Commissioner Dawkins: Are you going to take it from the top or have you got something... you want to close? Mr. Siplin: I don't have any closure, Commissioner Dawkins: OK. All right. Mr. Richardson: We'll be back. Commissioner Plummer: That's the smartest man here today. Mr. Siplin: Thank you. Commissioner Dawkins: All right. Thank you. Mr. Richardson: Thank you. Commissioner Dawkins: We'll see you... - Commissioner Alonso: The nice counselor will probably resolve this case and he knows that they want 'to prove to us that they care about minorities, and = that they don't really even need the representation at the top level, and that 78 February 25, 1993 we are confident that we can trust them that they will do the best for minorities. So, we expect that to be the case and we are looking forward to hearing the fine results of this sort of disagreement that is going to be completed in a very favorable decision towards this lady. Mayor Suarez: And if all that happens, we'll all get hats up here. Mr. Siplin: Sure, you can have one know. Mayor Suarez: I gave away the last time... The last one you gave me I gave away. Commissioner Dawkins: Thank you. OK. Thanks to both of you. Mayor Suarez: Thank you. 11. RECONFIRM RESOLUTIONS 89-548 AND 91-458, WHICH ESTABLISHED: (a) THE FLAGLER I CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT, AND (b) THE FLAGLER 0 CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION DISTRICT, DETERMINING THAT SECURITY AND SIMILAR SERVICES BE EXTENDED -- ELIMINATE STREET MAINTENANCE AS AN ASSESSED ITEM -- ESTABLISH AND LEVY SPECIAL ASSESSMENTS. -------------------------------------------------------------------------------- Mayor Suarez: Item 11. Commissioner Alonso: Eleven. Commissioner Plummer: Is item 11... Is this the one that precludes item 12 for the purpose of creating the fund? Mr. Matthew Schwartz: Item 11 is extending the existing Flagler area Security District for one more year. Commissioner Plummer: Is'this the ex -manager of the DDA (Downtown Development Authority)? Oh, no. Not until June. I'm sorry. Mr. Manager, let me tell you, if that's what the people downtown want and that's what they're paying for, even though the statistics blow them out of the saddle, and I want to tell you, somebody ought to have the copy, if these statistics are correct from the Miami Police Department... The only problem that I have is why is it with the City of Miami? Why isn't... Hello, Mr. Manager? Hello, Mr. Manager. Why is the contract not with the DDA but with... I'm sorry. Why is the contract not with DDA but with the City? I don't understand why the City is being the contractor. Mr. Cesar Odi o (City Manager) : We take the money in. We collect the money and then we pay. And it's always been that way. Mayor Suarez: I think that's a mechanism under State law, I think, for special assessment district. 79 February 25, 1993 Commissioner Plummer: Mr. Mayor, we are also going to be assuming the liability. OK? I don't like that, sir. I don't like that the City is assuming the liability. Mr. Odio: But we have a $5,000,000 insurance policy from them. MR Mr. Joel Maxwell (Assistant City Attorney): Yes, you do. Commissioner Plummer: Have you, Mr. Schwartz, seen the police reports... Mayor Suarez: That is... By the way, J.L., that would be - and to clarify _ Mr. Manager - a totally different situation than we have with our own officers where we are self insured. Here there is a $5,000,000 policy? Mr. Maxwell: Yes, it is, Mr. Mayor. Mr. Odio: Wackenhut, they had to provide that before we executed the contract. Mr. Maxwell: Name is... Vice Mayor De Yurre: We've been through this already at the onset when we first dealt with the issue. Commissioner Alonso: We've been over this. Commissioner Plummer: Yeah, I just... You know, they have a contract with us, but if you read the back of their jeep that they used to have, which they don't have any more - they've reduced down to scooters - it says that the contract with the DDA. Mr. Schwartz: We'll be glad to have them change that. Commissioner Plummer: No, no. That's all right. Leave it as it is. Matthew, you have read these reports? Mr. Schwartz: Commissioner, they... we have requested from the Police Department crime statistics. The statistics that we got were very hard to compare with the numbers before. I don't... I have not seen that sheet. The important thing of this, Commissioner, is that in downtown, in the area from the river to 3rd Street, this is paid for by the property owners. They have set up a committee and we had a public meeting at DDA... Commissioner Plummer: But aren't... Mr. Schwartz: ...and that there is this strong satisfaction with the services. They feel that they are meeting the needs, and part of it is perception, and the actual... Commissioner Plummer: Are the merchants who are paying for this aware of these statistics? That's all I'm asking, sir. Are they aware that when Wackenhut, according to this, took over for a three... for October, November and December of 192, compared to the year previous that they were not there, that burglaries in that area increased over 90 percent. Are they aware of 80 February 25, 1993 that, sir? Because, you know, if that's the case, somebody has got to explain something to me. Now, if you're telling me that these people don't know what they're talking about with these statistics, maybe you're right, but I'm going to sit up here and I'm going to vote... Because this is what the people want, this is what they're paying for and God bless them. But I think if these statistics here are true, somebody better go back and tell them such. Because I'll tell you, if they're true, these people aren't getting their money's worth. It's just that simple, sir. Ninety point ninety one percent increase. Mayor Suarez: Are they arrests or are they calls? Commissioner Plummer: No, sir. Burglaries. In the period that... Mayor Suarez: Are they burglary arrests or are they calls that we received? If they're burglary arrests, the first thing that... Commissioner Plummer: No, sir. These were... No, not arrests, sir. These v are actual break-ins, burglaries. OK? Mayor Suarez: OK. Commissioner Plummer: The year prior to Wackenhut, for the months of October, November and December, there were 11 break-ins. The three months of Wackenhut, October, November and December of 192, there were 21, an increase of 90 percent over the previous same period of time the year previously. Matthew, I'm not here to argue with you, sir. I'm just saying to the people who are paying their good money that if they're aware, and they agree or disagree with these numbers, they had better be understanding what I'm understanding, that they're getting... If these numbers are correct, they've been had. OK? Mr. Schwartz: Commissioner, I'd like to introduce Bob Schmidt from Wackenhut who has spoken to the police. Commissioner Plummer: Sure. Sure, he doesn't owe me an explanation. I'm not... Mr. Schwartz: All right. Mr. Rob Schmidt: No, I would just like to clarify with the statistics. Back in December, they approached... a representative approached me from the DDA and said that they had heard that break-ins were up and they gave me a copy of the police printout of all the break-ins from... at that time it was October to December 2nd. And, so we started on October 5th. So, I went through that list and checked off all the ones that had been during the time period that our officers are on duty, which is 6:00 p.m. to 6:00 a.m. and also in the area. Now, the printout they gave me had break-ins that happened on the outside of the area and in the surrounding area. Now, I don't know if that... If the grid is bigger. The grid must... The grid that they print out for the stats must have been bigger than our patrol district. During that time period, there were only ten break-ins, according to their statistics and that's from October 5th to December 2nd. Now, I don't have the printout for the rest of December. I spoke to Captain Bennet yesterday and she informed me of that... those statistics that they had and I asked her if she could please 81 February 25, 1993 MIR get the exact printout of the break-ins, the time and the date and when they happened... Commissioner Plummer: OK. Mr. Schmidt: ...just so I know. So, I mean, once I find out, I'd like to... Commissioner Plummer: One other question. Commissioner Dawkins: What are we voting on 11 or 12? Mayor Suarez: Eleven... I believe 11. Commissioner Plummer: Do you have two scooters downtown? Is that what you're operating now? Mr. Schmidt: Yes, two Blazers... two Chevy S-10 Blazers and two Cushman patrol vehicles. Commissioner Plummer: Oh, I haven't seen those. Mr. Schmidt: Yeah. Commissioner Plummer: So, then they're the equivalent... You're almost $1,000 a day, very close to $1,000 a day. Commissioner Plummer: So, it's $250 per vehicle and man. That's expensive. Mr. Schmidt: If that's what it comes out be, yeah, I... Commissioner Plummer: Huh? Mayor Suarez: He just wants a corroboration of the mathematics. Mr. Odio: Just an answer. Mayor Suarez: You can hand out all kinds of things, he just wants to know if It works out to roughly $1,000 a day. Commissioner Alonso: Well... = Mayor Suarez: If it's roughly $300,000 a year, then it's roughly $1,000 a day. He's doing mental mathematics which he's very good at. It makes sense. Commissioner Alonso: I'm ready to move. Commissioner Plumper: Likewise. Commissioner Alonso: This is what they want. —= Commissioner Plummer: This is what they want. Mayor Suarez: All right. = 82 February 25, 1993 Commissioner Plummer: I just... Mayor Suarez: So moved. Seconded by the other person who said this is what they want and,.. Mr. Maxwell: Mr. Mayor. Mayor Suarez: ...Commissioner Plummer... Yes, sir. Mr. Maxwell: This motion should be on the extension of the assessment district. The vote on the Wackenhut would be a second motion. Mayor Suarez: Will be number 12. OK. On item 11 we have a motion and a second. Any discussion? If not, please call the roll. Commissioner Plummer: That was provided for... Mayor Suarez: I'm sorry. Mr. Gonzalez-Goenaga before... Mr. Manuel Gonzalez-Goenaga: This is a public hearing. Mayor Suarez: Yes, sir. Commissioner Plummer: Was that provided... Mayor Suarez: That's why I was about to call on your sir. Mr. Gonzalez-Goenaga: Oh, I'm sorry. Commissioner Plummer: Was that provided for in the original contract, an extension? Mr. Maxwell: Yes, sir. The RFP (request for proposals) indicated that the original time the contract was for 90 days, but it also said that the contracts could be extended for an additional period of time for mutual agreement. Commissioner Plummer: It doesn't have to go to rebidding. Mayor Suarez: OK. Mr. Maxwell: After this year, it is our opinion that 1t would have to go out to rebid. - Mayor Suarez: All right. Commissioner Plummer: Thank you. - Mayor Suarez: Very good. Mr. Gonzalez-Goenaga, public hearing. Mr. Gonzalez-Goenaga: Well, good afternoon, Commissioners. First of all, I understand what Mrs. Alonso went through yesterday. There is no doubt there is a lot of crime in Miami and there are a lot of criminals and I have been in jail, as you know, six times and I made friendships with some of those alleged 83 February 25, 1993 criminals. And I have to tell you that sometimes I see more criminals outside, dressed with a tie and a coat, than the ones who are in the Dade County jail. And also, some of the criminals are policemen themselves. And there must be something wrong when these people from downtown have to ask for special protection and special assessments. We are... We claim, when the Mayor gives all these financial reports or annual reports as to the status of the City that everything is more or less working very well and I again say that the problem, the essence, the bottom lire, the heart of the problem is lack of full disclosure. When we start to explain to the citizens in a very good restaurant or whatever, activity that we pay for it, the citizens, and we are not given the truth, the truth and nothing but the truth, then there must be something wrong in the City of Miami. I have said this over and over and over again. I realize that you Commissioners are an administrative... quasi - legislative situation, yet we must go a little down to the Administration. The citizens, as you know, are sick and tired of all this [expletive deleted] that goes on here day by day. Every Thursday we have City of the Miami Commissioners where I am supposed to be the bad guy, where I am supposed to be the disruptive problem in this Commission, and let me tell you, let's go down to the bottom line. Let's have full disclosure, as a basic thing, and accountability. I could say a lot of things but I'm not allowed to talk. I saw... I overheard these developers talking outside and it's some kind of mockery. You see, I have aged here in Miami a lot and one thing is what they say here and the other thing is what they talk to themselves over there. If I love to repeat what they say, I love to have them present, because I am a man who never says things from behind. By the next time they come, I wiII... hopefully, Mayor, you will let me talk to see that they were trying to fool you. Thank you very much. Mayor Suarez: Thank you, sir. All right. On item 11, we have a motion and a second. Any further discussion? If not, please call the roll. 84 February 25, 1993 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-127 A RESOLUTION, WITH ATTACHMENTS, RECONFIRMING RESOLUTION NOS. 89-548 AND 91-468, WHICH ESTABLISHED THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT AND THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION DISTRICT, RESPECTIVELY, AND DETERMINING THAT SECURITY AND SIMILAR SERVICES, AS DECLARED BY RESOLUTION NOS. 89-828 AND 91-670, RESPECTIVELY, AND SUBSEQUENTLY EXTENDED THROUGH MARCH 7TH, 1993, BE ONCE AGAIN COLLECTIVELY EXTENDED THROUGH MARCH 7TH, 1994, FOR A PERIOD OF ONE YEAR; ELIMINATING STREET MAINTENANCE AS AN ASSESSED ITEM; ESTABLISHING AND LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICTS BENEFITING BY THE PROVISION OF SAID SERVICE FOR SAID ONE YEAR PERIOD, IN ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED WITH THE CITY CLERK; AND AUTHORIZING THE CONTINUED USE OF AN ARMED PRIVATE SECURITY SERVICE TO PROVIDE THE SUBJECT SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 85 February 25, 1993 -----------------....--------------.»---------,.------------------------- --- - 12. EXECUTE MODIFICATION TO CONTRACT (DATED OCTOBER 5, 1992) WITH THE WACKENHUT CORPORATION -- FOR PROVISION OF ARMED PRIVATE SECURITY SERVICES FORS (a) THE FLAGLER / CORE AREA SECURITY DISTRICT, AND (b) THE FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION DISTRICT -- EXTEND CONTRACT FOR ONE YEAR -- MODIFY TO PROVIDE ENHANCED SERVICES TO SAID DISTRICTS -- FUNDING PROVIDED BY SPECIAL ASSESSMENT ON BENEFITED PROPERTIES WITHIN SAID DISTRICTS. ------------------------------------------------------------ Mayor Suarez: Item 12. It's a companion item. Commissioner Alonso: Move it. Commissioner Plummer: Move it. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-12B A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT MODIFICATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CONTRACT DATED OCTOBER 5, 1992, BETWEEN THE CITY OF MIAMI AND THE WACKENHUT CORPORATION FOR THE PROVISION OF ARMED PRIVATE SECURITY SERVICES FOR THE FLAGLER/CORE AREA SECURITY DISTRICT AND THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION DISTRICT BY EXTENDING SAID CONTRACT FOR ONE (1) FULL YEAR, THROUGH MARCH 7, 1994; FURTHER MODIFYING SAID CONTRACT TO PROVIDE ENHANCED SERVICES TO SAID DISTRICTS; FUNDING FOR SAID SERVICES, THREE HUNDRED AND FORTY-SEVEN THOUSAND, TWO HUNDRED FIFTY-SIX DOLLARS AND SIXTY- THREE CENTS ($347,256.63) TO BE FULLY PROVIDED BY A SPECIAL ASSESSMENT ON BENEFITED PROPERTIES WITHIN SAID DISTRICTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: 86 February 25, 1993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Schmidt: Thank you. , ------------------------------------------------------------------------------- 13. (A) RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE REQUIREMENTS FOR COMPETITIVE BIDDING -- APPROVE ACQUISITION OF A FLEET MANAGEMENT SYSTEM! FROM FLEET ENGINEERING CORPORATION FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE / MOTOR POOL DIVISION. (B) STRONG COMMENTS FROM COMMISSIONER PLUMMER CONCERNING PRESENT DEPLOYMENT PROCEDURES USED BY POLICE DEPARTMENT ------------------------------------------------------------------------------ Mayor Suarez: Item 13, ratifying the City Manager's finding of sole source. Commissioner Plummer: Mr. Manager... Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Plummer: Mr. Manager, this system is nothing more than a computerized system of making people take cars in for maintenance. You have presently two full-time policemen who are, instead of fighting crime, are fighting mileage. Are you telling me that if you put this system in, the $100,000 plus that you are paying these two policemen, that they're going to go back and start fighting crime, that they're not necessary? Mr. Odio: Well, the way this works, you won't need them, no. Commissioner Plummer: They're going to be going back... Mr. Odio: Sure. Commissioner Plummer: ...and they'll not be out there fighting mileage. Mr. Odio: Well, if they are doing that now... Commissioner Plummer: Wait a minute. Joe, you're saying no... Mr. Odio: What? Commissioner Plummer: ...and the Manager is saying yes. Mr. Odio: I'm saying... 87 February 25, 1993 Commissioner Plummer: And you work for him? Mr. Odio: Yeah. He used to work for me. Commissioner Plummer: How much longer? No, I asked a question. Asst. Chief Raul Martinez: I think what Joe is saying is that the officers are limited duty police officers. They're assigned to the Fleet Management detail. — Commissioner Plummer: That has no bearing on it. Asst. Chief Martinez: Good. _ Mr. Odio: It's not... Commissioner Plummer: They sworn officers who could sit over there... Mr. Odio: You don't have... Commissioner Plummer: ...and replace the gate... I guess nobody's interested. Mayor Suarez: I'm sorry? Mr. Odio: Yeah. Commissioner Plummer: And could not those two officers work... Mr. Odio: They're... Commissioner Plummer: ...in communications and relieve the others that are full bodied in communications? I mean, does that take a miracle to understand? Lt. Joseph Longueira: Yes, sir. But we still need somebody to manage our fleet. Commissioner Plummer: Why? Lt. Longueira: Because... Commissioner Plummer: Then let's fire Ron Williams... Lt. Longueira: Because... Commissioner Plummer: ...who is in charge of the building and maintenance and let's then fire him and get rid of him. We don't need him. He's not doing his job. Lt. Longueira: Sir, where... Commissioner Plummer: Is that what... 88 February 25, 1993 t J Y Lt. Longueira: Where the cars are, when they went in, when we get there back, is essential to our service. - Commissioner Plummer: But isn't that what this system proposes to do? Lt. Longueira: No, that system doesn't do that. _ Commissioner Plummer: $146,000? Oh, well, what does the system do besides another - Mr. Odio: The system was, by the way... Commissioner Plummer: Has this system been bid out? Mr. Odio: Can I talk? Commissioner Plummer: 1 asked a question. You said yes, he said no... Mr. Odio: And let... Can I talk? Commissioner Plummer: ...and I'm still asking for my answer. Mr. Odio: May I talk, sir? Commissioner Plummer: Yes, sir. Please do. Mr. Odio: The motor pool mechanics, since they took over the motor pool... Commissioner Plummer: Sir, would you answer my question? Mr. Odio: I'm going to, if you allow me. Commissioner Plummer: You are sure going a roundabout way. Mr. Odio: The motor pool mechanics, when they took over the motor pool, began to research how better to manage the maintenance of those police vehicles. Commissioner Plummer: And they've done a good job. Mr. Odio: And they researched and they discovered the sole source... that's why we did not go out for bids, because there is only one company. By the way, it's a minority company out of Homestead, Florida, I believe. Homestead? Homestead. They're the only ones in the County... within... Commissioner Plummer: That's not the point. Wow do you know it's the sole source? Mr. Odio: You asked... Because there is no other company that does this. Commissioner Plummer: And if you don't bid, how are you going to know that there is not a better system out there than what this system is? Mr. Odio: It has been researched by them... 89 February 25, 1993 3 s i T e Commissioner Plummer: By who? Mr. Odio: By Charlie Cox, by my people and all the motor pool people. Commissioner Plummer: The normal procedure is you go out to bidding to see if there is a similar company, or possibly one who has a better system for less money. And the only way you will know that is if you go out to bidding. Now, sir, I beg of you to go back and answer my question. Mr. Odio: What is the question? I thought... You were asking about the bids. Commissioner Plummer: You see, if you would have been listening, you would have heard it. Mr. Odio: You asked about the bids. I'm telling you there is a sole source. Commissioner Plummer: Sir, I will go back to my original question. If we put _ this system in, will you take the two policemen and put them back to fighting crime which they were hired to do? Mr. Odio: No. Commissioner Plummer: The answer is no. Mr. Odio: No. Commissioner Plummer: Then as far as I'm concerned... Mr. Odio: Because those... Commissioner Plummer: ...I cannot vote for this system. Mr. Odio: Because those... Commissioner Plummer: Sir, you're... in my estimation, which I am entitled to my opinion... Mr. Odio: You are. Commissioner Plummer: ...you are wasting taxpayers money. Mr. Odio: No, we are not. Commissioner Plummer: A hundred and forty-six thousand dollars for this system and two policemen who are not fighting crime. Mr. Odio: No, we're not, sir. Those two police officers are... Commissioner Plummer: Sir, you're entitled to your opinion. OK? Mr. Odio: Those police officers are hurt. They cannot go out and fight crime. February 25, 1993 I Commissioner Plummer: Sir, they can work in the cmmnications. They can work in report processing. They can work in any number of jobs including the two policemen you've got sitting there... Mr. Odio: In... Commissioner Plummer: ...guarding a police station. Mr. Odio: We just happen to think that fleet management is very important. Commissioner Plummer: Sir... Mr. Odio: You yourself brought out the point... Commissioner Plummer: You'd better understand... Mr. Odio: ...that we have police cars that are down. Commissioner Plummer: ...that the people of this community are fed up with crime. Mr. Odio: That's right. Commissioner Plummer: They're fed up, sir. Mr. Odio: And we need patrol cars. Commissioner Plummer: And whatever you're doing, we've got to admit one thing, it isn't working. It isn't working. Mr. Odio: Crime, now let's talk. Commissioner Plummer: That's what we're talking about. Mr. Odio: I thought we were talking about the fleet maintenance device that will help keep track of the maintenance on those vehicles... Commissioner Plummer: Which is exactly what the two policemen are doing. Mr. Odio: ...so that we can do a better job keeping those vehicles running, so that we can fight crime. Commissioner Plummer: Sir, the mechanics of this... Mayor Suarez: May we be assured... J.L., let one just put it this way. May we be assured, at least, that the people involved in this are not going to be officers who are fully able to be on patrol, able bodied? Lt. Longueira: Yes. Mr. Odio: They're... 91 February 25, 1993 Mayor Suarez: Because otherwise, J.L., I don't know what difference it makes if they're 1n this... Commissioner Plummer: Mr.. Mayor? Mayon Suarez: ...or in the other duties that you've specified. They're all the same. They're all civilian type duties. Commissioner Plummer: No, no. No, let me tell you. Well, that I agree with. Mayor Suarez: Right. - Commissioner Plummer: OK? But they're not going to change that, because that's not for their pleasing. You are spending right now, because you have a sergeant and a patrolman, in excess of taxpayers' cost of $100,000 for two men — who are so-called "Fleet Managers." OK? Those two pot i ce:nen - and I don't know who they are, their names or anything, and its immaterial to me - could be put into a position, let's say, communications, where we have full able bodied policemen. They could relieve two of those to go back out and fight crime. That's my point. We have policemen that are still, Mr. Mayor, being pulled out of regular duty to be school guards. Mayor Suarez: What about the argument that he's making about the full, ready - to -go -out -there type patrolmen that are 1n communications? Is that... Are we... Mr. Odio: Well, you know, it's hard to run a Police Department in piecemeal, and piece... picking it apart like this - two officers here and one officer... We are... Mayor Suarez: No, no. But that's a very... Mr. Odio: We are... Mr. Mayor... Commissioner Plummer: Sir... Mayor Suarez: No, but that's a very straightforward question. Mr. Odio: Mr. Mayor... Commissioner Plummer: Sir... Mr. Odio: No, I want to make a point. Mayor Suarez: For five years, Mr. Manager, he's been insisting on... Commissioner Plummer: Exactly. Mr. Odio: That's right. 'And do you know what we're doing? Mayor Suarez: ...having civilians do the work that doesn't need to be done by a full sworn police officer. Mr. Odio: Yeah. And it doesn't happen overnight, Mr. Mayor. 92 February 25, 1993 } Mayor Suarez: I thought in communications we typically had... Mr. Odio: Civilians. Mayor Suarez: ...people who were not, you know, sworn police officers. Do we have one or two who are supervisors that we think need to be people who at least have experience as sworn police officers? Mr. Odio: The fact is... Commissioner Plummer: Absolutely. Mr. Odio: The fact is that... Mayor Suarez: Can that... Can those not be some of these officers also that are not... In fact, isn't that what they are? Lt. Longueira: Some are. Mayor Suarez: Some are. Mr. Odio: See, I was hoping that this system would be judged on its merit and not whether one officer is here or there. The two officers who are sitting there now, because they're hurt, will be replaced when we finish the civ111anization process. Commissioner Plummer: When? Mr. Odio: When we finish the civilianization process. Commissioner Plummer: When? Mr. Odio: It takes a long time... Commissioner Plummer: When? Mr. Odio: ...to hire people. It... Commissioner Plummer: You've got 18 policemen doing nothing... Mr. Odio: How tong will it be? Another six months? Commissioner Plummer: ...but background checks. That's all they do. Mr. Odio: That's right. Commissioner Plummer: The County uses civilians to do the same job. We're using sworn officers. Mr. Odio: You've got a report on that. You've got a report on that. Give it to him. 93 February 25, 1993 =_ Commissioner Plummer: That's it. We've got a report on it 18 of them. We've got policemen that do nothing... Mr. Odio: Out of 56. Commissioner Plummer: Mr. Mayor, look, I don't know about your office, but I - know about mine. The people of this town are damned sick and tired of going home and being robbed. Joe, our good friend, killed on the street. OK? You just had a robbery right next door to her house when I was driving down here. - A 29 in progress going on next to her house. Commissioner Dawkins: And my car was stolen. Commissioner Plummer: I'm tired of it. Commissioner Dawkins: And my car was stolen from in front of my house. Commissioner Plummer: You know, but nobody wants to change. There is one thing nobody can argue with - the results that we are getting are not good. They're bad and yet we are not changing. We are not changing. Ninety million dollars - almost half of our budget. That's what you want? I'm fed up. I'm tired of bars and burglar alarms and everything. And the people of this community... I'm losing my neighbors, because I can't see them. Mayor Suarez: Why do we have 18 sworn police officers doing background checks and the County has.,. Assist. Chief Martinez: No, that's wrong. There's a total... I'm not in charge of that unit any more, but there's a total of 10 police officers - seven are light or limited duty police officers and seven are full duty investigators. So, of the ten, seven are full and three are light or limited duty police officers. Commissioner Plummer: In the County and everywhere else they are done by Code Enforcement people. Assist. Chief Martinez: That is incorrect. - Mayor Suarez: No. Assist. Chief Martinez: The County 1s the only agency that we have ever contacted that has a civilian staff. Commissioner Plummer: That's right. That's what I said. Mayor Suarez: Any particular reason why we can't do that with Personnel Department? Commissioner Plummer: You know, if I didn't hear, Raul... if I didn't hear that every time that there's a major lawsuit settlement it's the City of Miami. It's the City of Miami. It's the City of Miami. Eight hundred thousand, a million. When was the last time you heard one in the Gables? Mayor Suarez: Well, I think we do pretty well compared to the... 94 February 25, 1993 U Commissioner Plummer: Huh? tong time ago. Miami Shores - when was it? Lang time ago. Commissioner Plummer: ...County's Risk Management, Mr... Commissioner Plummer; Something is radically wrong. Mayor Suarez: The ones you hear about... Commissioner Plummer: We are not getting... The people of this town deserve more. I tell you, we should hang our head in shame when the people on Poinciana Avenue have to hire an off -duty policeman to protect their homes. What in the hall are they paying taxes for? For police protection. And they've got to spend $2,500 a month to hire an off -duty policeman. The people downtown, which pay big taxes, they're spending $1,000 a day to hire off -duty... to re other —security? Where are we going in this town? We... Our people don't feel safe! You talk about parks. People don't want to use the parks. My neighbors came to my house - your neighbors, my neighbors, Dr. taureson, our neighbor - he came to my house after Joe was killed and do you know what he said? I will not let my wife go out and walk the dog after sunset. OK? He won't let his wife go out and walk her dog after sunset? I want to tell you something. Somebody better take some notice around here. The people of this City are fed up like I am. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I've got a problem with background and I ,just found out why I've got a problem. I was just told that the officers doing background switch from day to day or to whoever is disabled. That's why I've got a problem. That's why so many people get turned... I mean, get washed out. See, if... you can't tell me that a guy on the streets got hurt... Commissioner Plummer: I don't understand. I really don't understand. Commissioner Dawkins: ...and all of a sudden, because he's hurt, now you put him in here to do background. Asst. Chief Martinez: No, Commissioner. Commissioner Hawkins: Now, that's what you just told me. Asst. Chief Martinez: No, sir. No, sir. There has been a... the staff has been there for years. Commissioner Dawkins: Beg your pardon? Asst. Chief Martinez: There has been a staff assigned to backgrounds there... Commissioner Dawkins: Well, then why do you have to put people who are hurt in there, if a staff is assigned there? Asst. Chief Martinez: There were people who were there and got hurt and remained there as investigators, but there are... 95 February 25, 1993 Now did they get hurt, if they were in Asst. Chief Martinez: They were involved in car accidents, either on -duty or Off -duty... Commissioner Dawkins: In background? Asst. Chief Martinez: Oh, I'm not sure. I can't recall. Commissioner Dawkins: All right. They were doing a background check in an automobile... Asst. Chief Martinez: Yes, sir. Commissioner Dawkins: ...and they got in an automobile accident doing a background check. Asst. Chief Martinez: I don't know the specifics how they got hurt, but they were hurt. Commissioner Dawkins: There isn't any way in the world he could be doing background in the police station and in a car have an accident. But let me tell you where I am. OK? I've asked for this information and if I do have it by the next Commission meeting, Mr. Mayor, I'm asking that this Commission sit as a board of inquiry. I want to know how many men are assigned to Lieutenant Brooks. Now, Lieutenant Brooks, you told me standing right here, sometimes has 140 men assigned to him. J.L. is complaining but he's complaining wrongly. OK? If Brooks has 140 people, supposedly, in Street Narcotics, supposedly, then I'm supposed to have more than six people fighting street crime and drugs in Liberty City. I'm supposed to have a POP (Push out the Drug Pushers) unit in Little Havana. I'm supposed to have... If Lieutenant Brooks has got 140 people, Mr. Manager, I'm supposed to have a POP team in Coconut Grove. See? Now, all I... I'm going to ask again. Send me the total number of people in the last year who were assigned to Lieutenant Brooks - who they were, what units they were on loan... You've got some people assigned to Brooks who have been assigned to Brooks, on loan, for four years. On loan. Sir... OK. And let me know, and send me the P sheets. Mr. Odio: We'll have it by you. Commissioner Dawkins: OK. Thank you. Mr. Odio: Monday. Commissioner Dawkins: Thank you. Mayor Suarez: All right. On the item before us, do we have a motion, Madam City Clerk? Ms. Natty Hirai (City Clerk): No, Mr. Mayor. Not yet. Mayor Suarez: I'll entertain a motion on item 13. 96 February 25, 1993 n] Commissioner Plummer: Mr. Mayor, my negative vote, let it reflect that I'm in favor of a system which I think is good and I think the system of the mechanics of what they have done over there has been nothing short of miraculous. And I thought that this was a very good way of putting two policemen back out on the street and saving in excess of $100,000. But since it does not do either one, I am not in favor of this item. Mr. Odio: OK. Mr. Mayor, before you vote, I want to put on the record - because, you know, people are watching - that the crime statistics show a decline in the City of Miami. I'm not satisfied. Any time somebody gets... Mayor Suarez: What are the latest figures so that we have that on the record? And so we try to remember them... Mr. Odio: And this are FBI (Federal Bureau of Investigations) statistics. Mayor Suarez: ...because I was over in the northeast the other day and they asked for the latest figures and I didn't have them memorized. Mr. Odio: They are here, from July to September, October through December. But that doesn't mean... Mayor Suarez: What are the latest figures, rough terms? Mr. Odio: OK. But I just want to say this. Mayor Suarez: Serious crimes? Mr. Odio: Put them both. Commissioner Plummer: That's downtown, Cesar. Lt. Longueira: Yeah. This was part of the downtown analysis. We did the last three months of last year compared to the last three months of 191. And for that three month period it was down 2.94 percent. Mayor Suarez: Serious crimes? Lt. Longueira: Yeah. Major crimes. Part one crimes. Commissioner Dawkins: What does that do to the people on 61st and 62nd Streets who live there... Commissioner Plummer: Not a damned thing. Commissioner Dawkins: ...and the drugs are being sold, openly, in front of their houses, 24 hours a day... Mr. Odio: You're right. Commissioner Dawkins: ...and you're going to give me a piece of paper that says that crime is down. You... My car was stolen from in front of my house and yet you're going to tell me crime is down. Two other houses in my neighborhood... mars were stolen and you tell me crime is down. 97 February 25, 1993 Commissioner Plummer: You don't have to go that far to 62nd Street. Mr. Odio: Mr... Commissioner Plummer.,, You can walk from this City Hall and you can buy all the coke you want to buy within five minutes of here and you're only limited by the money in your pocket. Mr. Odio: I... Commissioner Plummer: You know it and I know it. Mr. Odio: I don't think I said we eradicated crime. Commissioner Plummer: No, you never will. Mr. Odio: I said the crime is down. Mr. Al Cotera: Mr. Mayor... Mr. Odio: And you never will. But we are trying very hard. We need to do something about the other part of the system. We are arresting people ten - times over. And you know why I just sit here and I listen, but some time, somewhere, somebody has to tell the truth around here. And the Police Department is doing a damned good job... Commissioner Plummer: And we keep waiting to hear it. Mr. Odio: ...and you keep criticizing them. — Commissioner Plummer: We keep waiting to hear it. — Mr. Odio: And I'm tired. - Commissioner Plummer: OK? Cammi,ssioner Dawkins: There's nobody up here criticizing the Police = Department. Mr. Odio: Well, yes, they have, Commissioner. _ Commissioner Dawkins: We criticize the Manager for not better employing the policemen. And that's what we're criticizing. — Mr. Odio: OK. But I disagree with that. Commissioner Dawkins: Nobody criticized the Police Department. We said that - there should be a better deployment of the men in the Police Department. - - That's all we're saying, Mr. Manager. Commissioner Plummer: Exactly what we've said. But, you see... - Commissioner Dawkins: That's all we're saying. _= 98 February 25, 1993 = rzF Commissioner Plummer: Miller$ let me tell you the problem. Mr. Olio: They're doing something right. On - Commissioner Dawkins: Welt, no. And nobody... Mr. Odio: They're doing something right. Commissioner Dawkins: OK. No, no. Commissioner Plummer: Who is? Commissioner Dawkins: You're damned right. They're... Mr. Odio: The Police Department is doing something right. Commissioner Dawkins: The policemen are... - Mr. Odio: look at the crime statistics. Commissioner Plummer: I'll tell you what. Commissioner Dawkins: Wait a minute. Hold it. Hold it. Commissioner Plummer: You tell bicycle Joe... Commissioner Dawkins: Hold it. Hold it. Commissioner Plummer: ...that you think the Police Department is doing something right. Mr. Odio: That's one incident. Commissioner Dawkins: Hold it. Hold it. Mr. Odio: You're going to pick on one incident. Commissioner Plummer: He's a dead man. _ Commissioner Dawkins: Hold it. Mr. Manager, hold it. Hold it. Everybody up here... Mayor Suarez: All right.. One at a time, please. Commissioner Dawkins. Commissioner Dawkins: Everybody up here is proud of the City of Miami pot i ciimen ... - Mr. Manuel Gonzalez-Goenaga: Not me. Commissioner Dawkins: ...who give their lives, almost daily, to protect us. We understand that. Cwmissioner Plummer: What? 99 February 25, 1993 x Mayor Suarez: Mr. Gonzalez-Goenaga, let me do something here. Commissioner Dawkins: See... Mayor Suarez: You, sir, were listened to in order and you may or may not be proud of our Police Department, but the next time you're out of order, I hope one of these police officers arrests you, sir. Commissioner Plummer: They're going to snatch you up. Commissioner Dawkins: See, so... Mayor Suarez: That will make you proud. Commissioner Dawkins: So, don't go around saying that this Commission is unappreciative of the good job that's being done by the policemen. Don't go... Don't say that. All we're saying 1s that we, as Commissioners, get calls from the people who elected us, that the figures that they see mean — nothing to them in their neighborhood. OK? See? But yet, and still, Mr. MEE Manager, if you tell us that you need to raise taxes by two cents to hire more police, they will tell us no. OK? See, so... - Mr. Odio: Commissioner, the other day... Commissioner Dawkins: Put things 1n their proper perspective, because I... because tomorrow morning when you hear, when you read it in the paper, it will say, "The Manager said that the City Commission...' Mr. Odio: I didn't... Commissioner Dawkins: '.,.does not appreciate the police." Mr. Odio: I said that the City Commission has to... You had your staff there when we had a meeting the other day. I hope they report to you what they heard. We know where the problems are. We... But do you also know the frustrations that we had? We are never allowed to speak here. OK? I think it's about time that you begin to listen to what we're trying to say. We have corners and we have identified every single hot spot in the City of Miami. I want people to know that. And we know where they are. We know where they are. You tell us all the time, we know where they are. Commissioner Dawkins: Well, why don't we move them? Commissioner Plummer: Why doesn't something get done about it? Mr. Odio: Because we are. You know what happens? Two hours later the guys are right back out on the street, released by the judicial system. Commissioner Plummer: So, you're going to throw your hands up and... Mr. Odio: And I don't hear them being criticized here. Commissioner Plummer: Throw your hands up and say, "Well...' 100 February 25, 1993 M Mr. Odio: No, we are not. Commissioner Plummer: ' ...we tried." Mr. Odio: No, we are not. As a matter of fact, we're writing a paper to put out to the public so that they know that we arrest a person, like you saying, gelling corners right there... drugs in the corner. We arrest them now and tomorrow morning they'll be back right down there. Commissioner Plummer: And you've got to go back out and you've got to arrest them again. Mr. Odio: And we will arrest them again... Lt. Longueira: And we do. Mr. Odio: ...and the statistics will show you, we arrest some people ten times over and they are right back out. And who is at fault for that? Who is at fault for that? Commissioner Plummer: Sir, the only thing I'm saying is - very simply, and _— I'll very briefly say it again - it is the deployment. At budget time, we got you to put in for 150 public service aides to write reports... Asst. Chief Martinez: They're starting the class now. Commissioner Plummer: ...where a policeman is 50 percent of his day is writing reports instead of fighting crime. Last night, on two different occasions, what do I see? two PSAs riding in the same car. Asst. Chief Martinez: You don't see that any more, Commissioner. Commissioner Plummer: Sir, I saw it last night. I saw a policeman and a PSA... Asst. Chief Martinez: That's a possibility. Commissioner Plummer: ...riding in a car. Now, is that a manpower savings? All we're saying to you is, we're... Mr. Cotera: They probably didn't have a car. Commissioner Plummer: Then that's the Manager's problem. You've got 114 of them over there wrecked that are sitting and crying out to be fixed. We wanted to free the policemen to do police work. Let the PSAs do the report writing. That's what I'm saying. Why did I go to the bat and say 150 PSAs? - They should be writing every accident report that we have. Lt. Longueira: They're... Commissioner Plummer: The law... The State of Florida says they can and they _ should be. 101 February 25, 1993 Mr. Odio: And we are doing that. Commissioner Plummer: Sir, you are sending sworn officers all day long. Now do you think yesterday that your dispatch was running three hours behind? At the grand Bay, at 12:15 yesterday afternoon, they called for somebody trespassing on the 11th floor. A unit was dispatched near 4:00 in the afternoon. Now, you know, that's not what they're paying for. The reason there are no units available, they were out writing reports. OK? Which a PSA could have been doing. You are running three to four hours behind on dispatch. The girl last night kept saying on the radio, I've got three pages of calls and one full page of priority calls, and that's just one sector - one sector. People do better... expect more than a three to four hour response. They are entitled to a better than three to four hour response. They're not getting it. What is the response... Joe, have you done any statistics recently? What 1s your response time on alarms... burglar alarms? Lt. Longueira: Sir, I don't have it. We do it every month, I'll have to get it for you. We'll send it to you. Commissioner Plummer: The last time it was over 24 minutes - over 24 minutes. And these guys know it. They can break into you house, they can steal and be gone in less than 24 minutes. They know it. And yet we are spending thousands of dollars for burglar alarms thinking of a security that we've got that we don't have. All I'm saying, Mr. Manager, is, as Commissioner Dawkins said, the deployment is where we think the problem is. Mr. Mayor, I have told the Manager, and I'm going to tell this Commission, that everyone from this day forward who calls my office complaining of crime, I am personally inviting to come before this Commission and I, under discussion items, will recognize them. Because they don't believe us any more. They don't believe that we're doing anything for them. So, I think they ought to be down and they ought to tell this Administration just exactly what they're telling us. So, I want you to know that anybody who calls my office complaining has a personal invitation from me to come down to this Commission and tell us like it is. Asst. Chief Martinez: Commissioner, if I may for the record, I want to state, the Police Department with the staffing we have, we deploy as efficiently as we can. In the last three years, we have effected over 150,000 arrests. If the other parts of the criminal justice system would work as efficiently as we work, we wouldn't have crime in the City of Miami. Commissioner Plummer: Raul, please, don't ever... don't ever walk away from that microphone thinking that I said you were the only problem. We're pushing a system that doesn't work, because there is no system. OK? The State of _= Florida has not built a jail in the State of Florida for ten years. And what kind of a... Asst. Chief Martinez: You're right, Commission. But we're the only part of the system that gets the criticism. Commissioner Plummer: What... -_ Asst. Chief Martinez: We're the only... We're the front tine of the system... =' 102 February 25, 1993 4 Commissioner Plummer: Do you know why? Asst. Chief Martinez: ...we get the criticism, not just from the Commission, but from the citizens. Because we're the only accessible part of the system. Commissioner Plummer: There is your answer. OK? When you get a federal judge who comes down and says... Asst. Chief Martinez: Correct. Commissioner Plummer: ...to you and to me, "You're overcrowded and go release 700 of your least offensive..." Asst. Chief Martinez: Right. Commissioner Plummer: OK? That's one of the major problems. I'm saying to you that as far as my upsetness is concerned, it is definitely due to deployment. I like mounted patrol and I think they're great PR (public relations) for this City and that primarily what they do is write parking tickets. That's primarily what they do - 80 percent of their time. And I can't remember, as I said before, the last time a parking meter stuck a gun 1n somebody's face to hold them up. It's a matter of priority. It`s a matter of priority. Mayor Suarez: Why are police officers - full fledged uniformed police officers - doing parking meters? Why can't we get the Offstreet Parking Authority to do that? Asst. Chief Martinez: No. Commissioner Plummer: They do. Mayor Suarez: I keep seeing them right here in Coconut Grove. i Commissioner Plummer: They do. Asst. Chief Martinez: Mr. Mayor, what Commissioner Plummer is talking about are the officers on mounted patrol. Mounted patrol does write some parking tickets, but the main... Mayor Suarez: Mounted patrol but... No, I see walking officers here in the Coconut Grove area going through parking meters. Wouldn't we have something a -z little bit more... Asst. Chief Martinez: Very few officers write parking... unless they're responding to a complaint from a citizen. Sometimes a citizen complains about a truck parked and they go ahead and take enforcement. Most of the enforcement of the City by parking is done by Offstreet Parking, not by us. Commissioner Plummer: You know, Al. you're talking about maybe there was no cars for the PSA? Three brand new police cars drive to Coconut Grove, park on the street and stay there for eight hours. That's it. And that's why you don't have... 103 February 25, 1993 Mr. Cotera: I've got a better one for you. I've got a better one for you. Grand Avenue and Douglas, you have a policeman parked there all day doing absolutely nothing but being a deterrent. Commissioner Plummer: You're absolute... Mr. Cotera: The last time he made an arrest, I can't remember. But that what was at the Commission's request. Commissioner Plummer: That was at my request. Mr. Cotera: I think... Well... Commissioner Plummer: My request. Mr. Cotera: I didn't want to... Commissioner Plummer: Whoa, whoa. Mr. Cotera: I didn't want to say you. Commissioner Plummer: Tell it like it... Al... Mr. Cotera: I just said that was at the Commission's request. Commissioner Plummer: Al, tell it like it is, my friend. Mr. Cotera: Fine. Commissioner Plummer: Prior to that policeman being stationed there, which we were told would be a walking beat, which has never really occurred, there were three to five robberies there a day. Huh? Asst. Chief Martinez: Correct. Commissioner Plummer: You've not had one since that man has been there - not one. I think that was a damned good decision. From five burglaries, robberies a day to none. I wish you could do that with every sworn policeman you have. Mr. Cotera: Commissioner, in response to that, you're saying that, in effect, by having a policeman there, you have a deterrent. That is the exact purpose of the mounted unit. It's a deterrent, so it's very difficult... Asst. Chief Martinez: To measure. Mr. Cotera: ...to give you a tangible number as to how many robberies it prevented, simply because you don't have them just standing at a corner. If I put a policeman on every corner of the City of Miami, somebody is going to get robbed in the middle of the block. That's just reality. That's just reality. k'e are putting more people in jail per officer than any other department in South Florida. Commissioner Plummer: Because you have more crime. 104 February 25, 1993 Mr. Cotera: For the entire County, there were 1329000 arrests. We had over 53,000 arrests last year. Now, if you break that up amongst the 10,000 officers that you have in this County and probably more, proportionately to our numbers, we out -arrest the hell out of everybody else. Mayor Suarez: Quick quettion. Are you saying that 1f a merchant, in Coconut Grove or anywhere else, calls to complain about a parking violation at a parking meter in front of his or her shop, the police respond to that? Asst. Chief Martinez: Not a parking meter, Mayor, sometimes they call about block drives, they can't get out of their house, so somebody... Mayor Suarez: I would think... Asst. Chief Martinez: ...unloading zones and stuff like that is where they take the enforcement. Mayor Suarez: OK. OK. Because if you're suggesting that we would respond to someone at a parking meter that's overdue, that's over... Asst. Chief Martinez: No, sir. Mayor Suarez: ...in front of a store... Asst. Chief Martinez: No, we don't dispatch. Mayor Suarez: ...then I would hope that they would also be able to respond to a car that is parked in front of a home... Commissioner Plummer: That's primarily meter maids. Mayor Suarez: ...and that is otherwise not blocking a driveway, but I mean... because that could create an emergency, and I know that, of course, we cannot respond to that. So, I... I mean, with all due respect, I think we ought to support the merchants as much as anyone, but we also have to support the residents and I cannot imagine that that's a valid police concern that a parking meter has gone over. Asst. Chief Martinez: No, sir. Mayor Suarez: That would have to go to the Offstreet Parking Authority, or at best, a public service aide. Now, if you happen to have a police officer on a walking beat in the area, just like if you happen to have someone on mounted patrol or something... but I think you have a systematic... you have a unit... you have some units that are systematically going parking meter to parking meter here in the Grove. Asst. Chief Martinez: No, sir. No, sir. But I'll check on that... Mayor Suarez: Maybe they.'re off -duty... Asst. Chief Martinez: I'll check on that but, no. That I know of, not... sir. 105 February 25, 1993 r Ir 46 Mayor Suarez: All right. Commissioner Plummer: Primarily... Mr. Cotera: The only time that you have anybody systematically in Coconut = Grove giving parking tickets, moving violations is during the Grove detail and that's to deter people from going around the block and going around the block and going around the block. Commissioner Plummer: Mr. Mayor, I will say in defense that the primary... they have meter maids that are stationed full-time in Coconut Grove and they do most of the writing of the tickets. There's no question. Mayor Suarez: I've seen uniformed police officers do it, but maybe it's because they're part of that detail and they're kind of just walking around and while they're at it they give people tickets. - Commissioner Plummer: Mr. Manager, may I ask, sir, is there any... Mayor Suarez: It may or may not be a good use of their time. I'm not sure. Commissioner Plummer: Is there any effort being made by the Administration to change the Friday and Saturday night detail, which is now doing on five years, from time and a half to a regular... Mr. Odio: No, because that was an order of the City Commission. When you tell me to change it... Commissioner Plummer: No, sir. Mr. Odio: ...I will change it. Commissioner Plummer: Well, then can you change it? I think it would be smart to change it... Mr. Odio: It's three votes. Commissioner Plummer: ...to regular pay rather than time and a half. See, we never instructed you to make it time and a half, sir, that I recall. Mr. Odio: That's the only we can... Mr. Cotera: Excuse me. Mr. Odio: ...add 15 police officers to that beat. And it was set up like that. Mr. Cotera: Here's what's going to happen. Mr. Odio: That's overtime. Mr. Cotera: Here's what is going to happen because I eras... 106 February 25, 1993 Mayor Suarez: Wait, wait. With all due respect for the union, why does the union have such an interest in a ratter of, you know... Commissioner Plummer: Thank you, sir. - Mayor Suarez: ...administrative police deployment? We want to, you know, review all that... Mr. Cotera: Those are my people you're putting on the corner. == Mayor Suarez: Yeah. But overtime is our particular concern. Mr. Odio: Wait, wait. But when it was approved... And in fact it was not five years ago. It was before I became Manager. So, that must be at least ten years. Mayor Suarez: So, that's even longer. All the more reason to review it. Mr. Odio: OK. All right. Commissioner Plummer: That's even worse. Mayor Suarez: When do we get that reviewed and... Mr. Odio: If you order me to do it, I will do so. Mayor Suarez: Well, absolutely. Mr. Odio: Great. Mayor Suarez: All right. What would the union possibly... Asst. Chief Martinez: OK. If I... Mayor Suarez: ...say that is objectionable about trying to get police officers to be on regular time instead of overtime? Mr. Cotera: Oh, I can tell you very easily. Very easily, what's going to happen, is that in order for the department to do that, they're going to have to pull policemen out of other sectors... Mayor Suarez: Unless, Al... Mr. Cotera: ...to man them. Mayor Suarez: Unless... Now, of course, if they're going to ask police officers to work more than the regular number of hours, it will have to be overtime, unless they can find some officers who can be taken from behind desk jobs... Mr. Cotera: Don't have them. Mayor Suarez: ...et cetera. That's his job. 107 February 25, 1993 Mr. Odio: No... Mayor Suarez: Your job is to make sure that your guys... Mr. Odio: No. - Mayor Suarez: ...are paid fairly for the number of hours they work. Mr. Odic: We'll put less officers, because you cannot just pull... Mayor Suarez: That's another thing I was hoping you would say. There still seems to be a surplus of officers. — Mr. Odic: We'll put less officers. Commissioner Plummier: Are we doing anything, Mr. Manager, about the 14 police officers full-time dedication to Bayside? = Mr. Odio: That's in the contract that the Commission approved in about 1981. Commissioner Plummer: Sir, I understand it's in the contract. I discussed with you... Mr. Odic: We cannot pull it out. Commissioner Plummer: ...and with some of them down there... — MrOdi Th Z . o& ey wan t change... Commissioner Plummer: ...about... They will not change. Mr. Odio: It's in the contract. Commissioner Plummer: All right. Then I'll tell you what, Mr. Manager, for this one vote... Mayor Suarez: Yeah. Could we wrap this up, please? Because we have got Some items that people are waiting... Commissioner Plummer: Tell Bayside Never to come back here. Mr. Gonzalez-Goenaga: No, public hearing. Commissioner Plummer: OK? Mayor Suarez: All right. Mayor Suarez: Charlie, now, we've gone from... Wait, sir. This is not a regularly scheduled item, Manolo. Please have a seat, sir. Mr. Gonzalez-Goenaga: I'm... I think he's... Mayor Suarez: We've gone from police officers now to general employees. 108 February 25, 1993 11 Commissioner Plummer: Rio. They can use the guards that we have downtown. — Commissioner Alonso: No, because it's the item that we have... Mayor Suarez: You were alluded to... Mr. Joe Sobodowskl: No, i don't... I want to speak on the item. Commissioner Plummer: No, he's on the loop. Mr. Sobodowski: I want to speak on the item that got waylaid. Mayor Suarez: Bauck to the main item, you see. Commissioner Plummer: He's on the loop. Mayor Suarez: All right, sir. Don't leave the mike then. Commissioners, do we need to hear from the general employees union on this item? Why does it require four -fifths again? Because you've already done it? Mr. Odio: Because we have no... sole source. identify another company. A. Quinn Jones (City Attorney) You're waiving.. We have not been able to Mayor Suarez: The Code requires for a sole source that we have four -fifths. - Mr. Jones: You're waiving competitive sealed bid. Mayor Suarez: And if we don't get four -fifths vote, then we don't declare a sole source and we're back to ground zero. Mr. Odio: We would have to go out on bids and see if we can find a system that would be similar to it. Mayor Suarez: All right. I just wanted to clarify the four -fifths. Commissioner Alonso: I need a clarification on the record. Is it true that it's going to bring savings to the City of Miami in excess of two hundred and sixty some thousand dollars? Commissioner Plummer: When 1 asked them 1f they would guarantee that, they kind of backtracked awful fast. Mr. Odio: The company... Commissioner Alonso: Well, that's why I want to emphasize on... Mr. Odio: The company... I went to... I heard their presentation and the mechanics too. We all did it... They claim that eventually we'll save a lot of money because of the way that they will implement the... It makes sure... As one example I can give you is with the black box on the police cars, if he goes to the gasoline pump to pump fuel, if the pump... if the computer picks up that it has not had regular maintenance or oil change, it will shut the 109 February 25, 1993 P pump down and it will not be able to get gas and it would have to go in for maintenance. So, if you do that on a regular basis, and have those engines change oil when they have to and maintenance when they have to, it will save a lot of money. Commissioner Plummer: I think... Let me tell you this. I think it's a good system. I think it's a worthwhile system. But I think to have that system and two sworn officers is where the mistake is and that's why I'm opposed to it. Commissioner Alonso: So, what about the savings? Are we going to have the $263,000 that I was told we were going to have 1n the first year or not? Mr. Vazquez: Excuse me. My name is Joel Vazquez. I'm working for the motor pool. This idea has come 1n for our group. We have right now... and you guys can see how we can operate the motor pool... And I believe that this black box is going to sane a lot of money for the City of Miami. We're going to keep all the cars 1n good shape. We're going to have police ready for anything happening 1n the City, because that block box 1s going to connect in the court with sensors, like in the brakes. When the brakes is going to all the limit, the car is going to stop. Commissioner Plummer: Sir, that's not the question. I think the system has said for itself that it's a good system. Mr. Vazquez: OK. See, we're going to save money... Commissioner Plummer: How... Is a guarantee... Is there a guarantee that it's going to save money is the question? And I'm asking... I don't know how you would measure whether it's guaranteed that savings or not. Mr. Vazquez: Well, right now we can bring you to the motor pools, if you want and we can show to you how the people are letting go of the cars, and the cars are coming. And we're going to make... rebuild brakes, we have to change the disc, we have to change the pads, we have to change a lot of things. It's going to stop... That's the money we're going to save. Mr. Charlie Cox: You've got more than ten cars... Mayor Suarez: Mr. Cox for the record. Yes, sir. Mr. Cox: Charlie Cox, president of AFSCME (American Federal, State, County and Municipal Employees), local 1907. You've got more than ten cars right now that the factories won't even guarantee because the oil changes were not done on them. So, now you've got major engine work that's having to be done on those cars that the factories will not guarantee. You've got cars out there that have 10,000, 14,000, 20,000... Commissioner Plummer: But, Charlie, whose fault is that? Mr. Cox: The system that's there now is everything is computerized. The cars aren't being brought in. If the cars cannot get gas, then... Commissioner Plummer: But... Forget about that. Whose fault... 110 February 25. 1993 Mr. Cox: ...the mechanics are setting up service stations... Commissioner Plummer: Whose fault is it? Mr. Cox: You know, we can sit here, J.L., and point fingers all day long. We're asking you for a system that we believe will save the City money, will save the mechanics from being on national TV three times, where they're getting all the heat. You're asking the mechanics to come here, take over. You've got mechanics that showed up tonight that aren't on the clock, they get off at 3:30. They have enough interest to come here to say to you, let's cane down here and let's make this work. We're turning more than eight cars a day more than they used to. And they're sweating and they're working harder and they're going home smiling. They're coming here with better systems... Commissioner Plummer: Nobody's disagreeing. Mr. Cox: ...and I'm not here to point fingers on why this happened before, why it happened a year ago, two years ago, three years ago. We're saying from this point forward, we could go better and make it better. And that's the point of it. If you figure the numbers on the cars that aren't going to be guaranteed, the savings that you would have if they changed oil, the brakes, you don't have to turn the drums on. And I'm not a mechanic, but if you just have to change the pads (Ohen they're worn out, instead of turning the drums, you're going to save money there. The fuel system, that's going to save money. Everything 1s going to be to where you don't have to do it with pencil and paper any more. Everything will be computerized. If somebody doesn't bring that car in, they're going to get a voice warning that says, "Next time you get gas, you bring the car in." The system will be set up over the annex for them to service their car, 24 hours a day. So, they can't say, "Well, I don't want to leave it today, because I have an important mission." They can bring it right in there and get their oil changed. You're tying in everything together on something that the mechanics took the heat on. What we're asking you to do is make sure that those police cars get out and don't keep breaking down, the same way as accidents you brought up. Well, that's not the mechanics fault. Get these cars working as best as possible, put all 450 cars on the street as many times as possible, and that's going to save the City a whole bunch of money. Mr. Gonzalez-Goenaga: Yes, I will sum it up from the citizens point of view. We heard the unions who are interested in their protection of... Mr. Vazquez: Yeah. Mr. Gonzalez-Goenaga: ...the salaries of... the good salaries of the policemen, which is an average of $57,000 a year. And I can tell you for... Mayor, if you are hearing me, I don't want to get... No? There's a beautiful lady here. Mayor Suarez: Mr. Gonzalez-Goenaga, complete your statement, sir, please. Mr. Gonzalez-Goenaga: Yes. That I could get you a lot of good hard working policemen, bilingual, good people, with a lot of sensitivity, from the police department in Puerto Rico for half the price of what you are paying these people who have done a good job... ill February 25, 1993 Mr. Gonzalez-Goenaga: Well, I'm... Mayor Suarez: No, sir. You're out of order. discussing that right now. We're discussing a... Mr. Gonzalez-Goenaga: Me.11 the issue is... Mayor Suarez: Fleet Maintenance, sir. Mr. Gonzalez-Goenaga: Yeah. No, no. The fleet maintenance is... Mayor Suarez: If you... Anything... Mr. Gonzalez-Goenaga: ...that I love to see the policemen in the street, not in cars with air conditioning... Mayor Suarez: Have a seat, sir, otherwise you're going to be... Mr. Gonzalez-Goenaga: ...and masturbating in front of women. Mayor Suarez: ...you're going to be in a policeman's car pretty soon. Just have a seat. All right. Anything further? Mr. Sobodowski: Yes, sir. My name is Joe Sobodowski, 7303 Sly 127th Place. Commissioner Plummer, I understand the wisdom of what you're saying in regard to the police officers. That's logical to me as a person who pays taxes. There's no doubt in my mind that to deploy able bodied people to do an administrative task that companies like Dell Telephone or other companies would simply use really more clerically oriented people, to track down vehicles, make sure the vehicles are back from service, placed back in service, and so forth. I understand the logic of that. But I think there's something a lot more fundamental at issue. Commissioner Dawkins: Mr. Mayor, sir, I think we're in favor of this and we've got other issues. I make a motion that we pass this. Mayor Suarez: Item 13, we have a motion. Do we have a second? Commissioner Plummer: Quit while you're ahead. Commissioner Alonso: Second. Mayor Suarez: Second the motion. Any further discussion from the Commission? Call the roll. 112 February 25, 1993 Cl C] The following resolution was introduced by Commissioner Dawkins, who moved its adoption: — RESOLUTION NO. 93-129 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF A FLEET MANAGEMENT SYSTEM FROM FLEET ENGINEERING CORPORATION, THE SOLE SOURCE PROVIDER FOR THIS EQUIPMENT AT A PROPOSED AMOUNT OF $146,700.00 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION; ALLOCATING FUNDS THEREFOR FROM THE INTERNAL SERVICE FUND, ACCOUNT CODE NO. 420901-840, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: For the reasons so stated, I vote no. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Item PZ-1. Mr. Sobodowski: Thank you. Mr. Vazquez: Thank you. Commissioner Alonso: If I may, Mr. Mayor... Mayor Suarez: We don't disagree in anyway - I'm sorry, Commissioner Alonso - with anything stated by Commissioner Plummer on the need... Commissioner Alonso: Tell the Manager not to leave. 113 February 25, 1993 b� Mayor Suarez: ...Lieutenant Longuelra, Assistant Chief Raul Martinez, Major -- Ray Martinez and everyone, we don't disagree with Commissioner Plummmer on the need to continue replacing people who... Commissioner Dawkins: Should be fighting crime. Commissioner Plummer: Could we... Mayor Suarez: Should be out on the streets by those that either are disabled or have some other... Commissioner Plummer: Mrs Mayor. Mayor Suarez: ...skills but are not sworn police officers. That cannot stop. The moment that that stops, you're going to have me taking as difficult a pasture as Commissioner Plummer and I dare say all the rest of this ` Commission. @` Commissioner Plummer: Mr. Mayor... Commissioner Alonso: Mr. Mayor, if I... - Mayor Suarez: I think we're slowly getting to that point, but it sounds like it's a little slow. I'm sorry. Commissioner Plummer: Mr. Mayor? Commissioner Alonso: Mr. Mayor... Commissioner Plummer: May I ask, sir, that then we schedule a meeting in the middle of March for a deployment meeting? Mayor Suarez: I would like to have a status report on deployment. Now is that? Commissioner Plummer: How about a meeting? Let's have... Mayor Suarez: Yeah. Oh, just exclusively for that? Commissioner Plummer: When we have a half a day meeting, let's put it in at the meeting of the 23rd. Mayor Suarez: That's fine. Commissioner Plummer: Have the morning related to deployment of police. Mayor Suarez: I would like it in the morning so we can get into it. Commissioner Plummer: That's fine, sir. Mayor Suarez: And get crime reports at that time. Commissioner Plummer: That's fine, sir. 114 February 25, 1993 Mayor Suarez: Very good. NOTE FOR THE RECORD: At this point, Commissioner Alonso attKts to r ng up a non -agenda item relating to a funding request by Ringo Cayard. Commission agrees to defer discussion on this subject until after 8:00 p.m. Commissioner Alonso: Mr. Mayor, I have an emergency item... Commissioner Plummer: Of course. Commissioner Alonso: ...in reference to Ringo Cayard and the Haitian Community. And if I may, I'd like to take it at this time, because the Manager will leave at this point and before we take the planning and zoning items, I would like that we listen to the request. Mayor Suarez: All right, Commissioner. Commissioner Plummer: For what? Commissioner Alonso: Please, sir, would Lieutenant Longueira, please, whatever he has to say, he can say it outside. Commissioner Alonso: Mr. Ringo Cayard? Commissioner Plummer: What item is this? Commissioner Alonso: This is an item that I brought up before the Manager leaves. I wanted it to be heard. Commissioner Plummer: A pocket item? Commissioner Alonso: Well, I tried to place it in the agenda and I couldn't and that's why I sent him in. Commissioner Plummer: After 8:00 o'clock. Commissioner Alonso: No, but I think that since he's leaving... Mr. Odio: Well, no... No, but what happened with this item, he had a request In on time... Commissioner Alonso: Yes. Mr. Odio: ...but it's a request for... Commissioner Plummer: No, Mr. Mayor... Mr. Manager... Mr. Odio: Excuse me, Mr. Commissioner. It was a request for funding. I was told not to put any items on funding on the agenda. We don't have any monies for it and that's why I didn't. 115 February 25, 1993 Commissioner Plummer: Mr. Manager, and to my colleague, Miriam, I've got no problem with Ringo... I've got a lot of problems with Ringo, but not for him to be here today. But we set a policy and that policy was that pocket items will be heard at the earliest after 0:00 o'clock, not to inconvenience the people... Commissioner Alonso: Yes, but the problem is the Manager is not going to be here, because both of these items... Commissioner Plummer: The Manager I pay to stay here. The Manager I pay to stay here for Commission meetings. Now, you know, if we're going to deviate from the policy, we're never going to have the semblance... Commissioner Alonso: Fine. We'll listen then... Mayor Suarez: That's fair enough. He's going to be around and we'll take it up... We'll take it up at the end of the session then. Commissioner Plummer: Hey, I have no problem with Ringo. It's just that if we're going to... Mayor Suarez: Because if we break at Ringo, then we've got to break it for everybody and then we'll never get through the agenda. Commissioner Alonso: At 8:00 o'clock. Commissioner Plummer: If we have a policy, we have a policy. That's what I'm saying. Vice Mayor De Yurre: Well, he's not going hone. Commissioner Plummer: No, he's not going anywhere. Mr. Odio: No, I'm always up there. Mayor Suarez: All right. Very good. Commissioner Alonso: OK. Then we have to listen at 8:00 o'clock. Vice Mayor De Yurre: Mr. Mayor, if I may ask of the administrative... Mayor Suarez: But let's... Please, let's make sure we bring it up. I know how important it is and we all know how important it is. Commissioner Plummer: When do you leave? 116 February 25, 1993 Ak -------------------------------------------------------------------------- — -- 14. DISCUSSION CONCERNING PENDING APPOINTMENTS TO PREVIOUSLY -CREATED STRONG MAYOR COMMITTEE (Vice Mayor De Yurre appoints: Mikki Canton, Rosario Kennedy and Carlos Arboleya). __-------------------..__-_-___-__----_-----------------_-_---_-______-- Vice Mayor De Yurre: Mr. Mayor, if I may ask of the City Manager a question. About three months ago, there was an extreme... Mr. Manager... Mayor Suarez: Please, everyone. Everyone, we're getting ready to do planning and zoning and the Commissioner is inquiring on another matter. Vice Mayor De Yurre: There was an extreme urgency about creating the conditions to take before the voters in March, the question of an executive mayor or a strong mayor form of government. Commissioner Plummer: That died. Vice Mayor De Yurre: And out of that meeting, out of that item, we created a committee. I would like to know if all the members have been appointed by the Commission members to that committee and if there have been any meetings and what the status is on that. Mr. Cesar Odio (City Manager): No committee. I only got one name, that I remember... two names, that I remember, to my staff. Mayor Suarez: I have appointed all of my members. Commissioner Plummer: I did... I did... Mr. Odio: No, they have not been appointed. Commissioner Plummer: I appointed mine. Mr. Odio: There was only that that I got. Vice Mayor De Yurre: I appointed too - Mikki Canton... in fact, Rosario Kennedy and Carlos Arboleya. Mr. Odio: That's all we got. Commissioner Plummer: I appointed Mikki Canton. Mr. Odio: See, we've only got two names. I have two names. — Mayor Suarez: To the Executive Mayor Charter Review Committee. Commissioner Plummer: Study Committee. Commissioner Dawkins: Well, I didn't appoint mine. Mayor Suarez: I appointed my three. 117 February 25, 1993 Mr. Odio: I have two names. Vice Mayor Be Yurre: OK. So, he's got three... Mr. Odio: See... Vice Mayor De Yurre: ...I've got two, Plummer has one - that's six right there. That's quorum. I think you should follow up and get them to meet and get things going. If the rest of the members can be appointed, then much the better. Commissioner Dawkins: Don't... I mean, you've got what you got. Commissioner Plummer: You can be the chairman. Commissioner Dawkins: Don't expect any... I'm not appointing anybody. Mr. Odio: I didn't know I was going to have to deal with a committee. Commissioner Plummer: I'll appoint Miller Dawkins. Commissioner Dawkins: I want everybody to know that. Vice Mayor De Yurre: It was a decision of this Commission, so I would suggest that you follow up on it. Commissioner Dawkins: Yes, I agree. Mr. Odio: All right. Commissioner Dawkins: But I just don't want to him saying he didn't do it because of... he was waiting on Miller Dawkins'... Mayor Suarez: Very good. Vice Mayor De Yurre: OK. 118 February 25, 1993 "i, !s MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of February, 1993, the City Commission of Miami, Florida, met at its regular meeting place 1n the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 6:12 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez Sergio Rodriguez, Assistant City Manager Miriam Maer, Assistant City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Cesar Odio, City Manager A. Quinn Jones, III, City Attorney 15. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO CLOSE PORTIONS OF N.E. 17 TERRACE, N.E. 1ST AVENUE AND N.E. 1ST COURT AS A CONDITION GF TENTATIVE PLAT NO. 1434, "OMNI ANNEX". (Applicant(s): C. Rebozo and J. Russell) (See label 18). Mayor Suarez: OK. On PZ-1. Mr. Jim Kay: Mr. Mayor, members of the Commission, PZ-1 is a public hearing for the vacation and closure of those portions of NE 17th Terrace, NE 1st Avenue and 1st Court, and also a north -south alley in the tentative plat of Omni Annex, number 1434. Mayor Suarez: Is there anyone here that is against this resolution? Commissioner Plumper: Question to the... Mayor Suarez: Anyone that's going to be heard against it? 119 February 25, 1993 Commissioner Plummer: Question to staff. Is it a true statme-"t that it's approximately 30,000 square feet that they would be acquiring? Mr. Kay: By our calculation, it's a bit more than that. It's... Commissioner Plummer: More than 30,000? Mr. Kay% Yeah, we have in our calculation about 47,000. Commissioner Plummer: Forty-seven thousand... Mr. Kay: Yes, sir. Commissioner Plummer: ...square feet and they paid for the general nine dollars a square foot. Is that correct? That's what they indicated to me, about nine dollars. Mr. Kay: No, we were having an estimate of somewhere around $350,000. So that would be about right, yeah. Commissioner Plummer: About nine dollars? Mr. Kay: ...thousand. Yes, it's around there. Commissioner Plummer: So, the value of what they're acquiring is about $350,000... Mr. Kay: Right around there. Yes, sir. Conmissioner Plummer: ...if they get favorable vote. Mr. Kay: Right. Commissioner Plummer: OK. Mayor Suarez: If we're going to have testimony, we need to have sworn in the witnesses. Commissioner Plummer: They don't need testimony, you just send a check. Mr. Maynard Hellman: I'm not quite sure it's that easy. Mayor Suarez: Is there any proffer of any... Commissioner Plummer: You're going to find out that it is, but go ahead. Mayor Suarez: Is there any proffer of any contribution to any City project or the generic fund that we've got, I guess. Mr. Hellman: No, I'm an attorney representing... Commissioner Plummer: Mr. Mayor, just to make it easier. Mr. B.B. Reboso asked that if it was possible, and I told him of the policy of this Commission, that he would be more prone to making a larger check, if it would 120 February 25, 1993 j7 t LM be made out to imat he is deeply involved is the Boys Club of Southwest Miami. I told him that also had to be my favorites, that I would at least mention it to this Commission that he would like, if anything possible, that that:.. whatever they do voluntarily would go to the Boys Club. That's on the record, as I promised I would do. Mayor Suarez: That was one of your favorites or one of your least favorites you said? Commissioner Plummer: Well, it seems to be both, sir. Commissioner Dawkins: You're going to give City of Miami this property for money to be donated to South Miami? Commissioner Plummer: No, Southwest Boys Club at 32 Avenue and Dixie Highway, sir. Commissioner Dawkins: Thirty-two Avenue... Mayor Suarez: That's the one... Commissioner Plummer: Right here. Mayor Suarez: Oh, that... Commissioner Plummer: Right here in the City of Miami. Mayor Suarez: That's a nice one. The problem is... Commissioner Plummer: Sir... Wait a minute. Mayor Suarez: ...that we haven't heard any proffer of any sort. Commissioner Plummer: Excuse me, Miller. I didn't say we were going to. That is his request. This Commission, needless to say... Mayor Suarez: You know, that may be inappropriate moment to make the suggestion, because I think we put them into the fund and then we spend it. Commissioner Plummer: That's what I explained to him... Mayor Suarez: OK. Commissioner Plummer: ...that that's the way we had been doing. But he asked me please still to make that request... Mayor Suarez: Very good. Commissioner Plummer: ...so I'm putting it on the record, sir. Mayor Suarez: With that strong recommendation... The problem is, so far the proffer has been zero. Now, Mr. Reboso is involved in this item, I presume? Commmissioner Alonso: Yes. 121 February 25, 1993 A A" E2 Commissioner Plummer: Yes, he is one of the investors, sir. Mayor Suarez: Has he coupled that request with some kind of a proffer, because I haven't heard any. Mr. Heilman: Yes, Mr. Mayor. My name is Maynard Hellman, with the taw firm of Heilman and Moss, 1100 Ponce Be Leon Boulevard. Mayor Suarez: Maynard, we have a strange requirement here of swearing in everybody, even on procedural matters like we're about to do. So, would you please do that? Commissioner Plummer: And are you a registered lobbyist with the City of Miami, sir? Mayor Suarez: You have to fill out a form, if you haven't filled one out. Mr. Hellman: No, I'm not. But I understand when we're dealing with a street closure... Commissioner Plummer: If you give testimony here, sir, you have to be a registered... assuming ypu're getting paid a fee to appear. Mr. Hellman: Yes. I'm not doing it gratuitously. Commissioner Plummer: Yes, sir. Internal Revenue requests that you so register as a lobbyist, sir. Mr. Hellman: Thank you. Mayor Suarez: This is the City Commission, a/k/a Internal Revenue Service, is that... Commissioner Plummer: No, that's "infernal" revenue. Mayor Suarez: Oh, Infernal revenue service. Sir, can you speak on... Well... That's the world's silliest requirement that we've got here. Commissioner Plummer: Has sure kept us out of trouble for a long time, hasn't it? Mayor Suarez: If you could administer the oath while he's signing, at least we'd get something done. You can write with your left hand and be sworn in with your right hand. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: If you laugh at the wrong time, Doris, we're not going to let you speak later on tonight. All right. Do you want to say anything on your behalf or... There he is. He's ready. 122 February 25, 1993 Mr. Hellman: That's the quickest application I've ever filled out in my life. I represent the applicants, in connection with the street closure. This property used to be the Fincher property, over on 2nd Avenue and the.., I have to correct one thing. Our calculations show that there is approximately 37,000 square feet, of which we're giving back to the City, by the rededication of a cut -de -sac, an additional property of approximately 9,000. So, the net to us is approximately 30,000. Commissioner Plummer: Sir, we can hold your fee to that fire and we will not let you have more than 30,000 and that will be the subject to the approval. So, that's no problem. Mr. Hellman: OK. Pursuant to the proffered trust fund, we would like to contribute... we've looked at what the contributions have been in the past and we would like to contribute $10,000 to the City, for the purpose of... Contnissioner Plummer: Excuse me. I was having a little problem. Mr. Hellman: Did I say something inappropriate? Commissioner Plummer: Not yet. Mr. Hellman: I think we have to look at this property in order to determine... Commissioner Plummer: Ten thousand dollars? Mr. Hellman: ...what the owners are bringing to the City, because this property has basically laid fallow for the last number of years. It's within the redevelopment area and In order to do something with it, these roads have got to be closed so the property can be put together. The roads, basically, have really not been used in the last number of years. And I'd like to have Mr. Don Elliot, on behalf of the owners of the property, speak to that issue. Commissioner Plummer: The property has been used in the past, so it's not that it's not usable. It would be a lot easier to use it, if they were closed. But to make a ,statement that the property is not usable, I don't think is a proper statement. Mayor Suarez: Go ahead, sir. Mr. Elliot. Mr. Don Elliot: I'd like to quote something from the resolution that was drafted by the Commission establishing the Omni area redevelopment plan. "In order to foster new development, maximize the public benefit, a major public and private redevelopment effort will be necessary. Without such comprehensive effort and a demonstrated commitment from the public sector, trends suggest that the decline of the area will accelerate." We're trying to put together an opportunity to move in and develop this area, and basically, give it a kick-start. We think it's a good project and we're looking to the City to give us the public support. Mayor Suarez: What guarantee do we have that the project will be built? Commissioner Plummer: You don't. 123 February 25, 1993 r Mr. Elliot: You don't. But... Commissioner Plummer: Sir, did you say $10,000 or ten percent? Mr. Hellman: Ten thousand. Commissioner Plummer: Oh. Mayor Suarez: How are you going to kick-start development in the area, if we're not sure you're going to build anything? Mr. Elliot: Well, we've had several interested... We've had several people interested in looking at the site to develop. It's very difficult to put together a feasibility study when you don't know what you have to work with. The minimum cost for a feasibility study may be twelve, thirteen thousand dollars minimum. And it's very difficult to get somebody to spend that kind of money without knowing what they're going to have. Now, these streets were actually designated as streets to be closed to promote site assembly, as a part of that redevelopment plan. And we have been working along those lines to acquire that property, work within that plan and get this thing done. Commissioner Plummer: That was our plan, Mr. Mayor. Mayor Suarez: That was our plan. Commissioner Plummer: Yeah. Mayor Suarez: Why... Here's another one of those situations where you'd like to be able to say yes and then, you know, provisionally, take it back if they don't ever do anything with it. Because otherwise we allowed street closures based on a project, on a concept, and on a development plan that never gets implemented. Commissioner Dawkins: But you see, the problem I have is we're going... they have a piece of property that they are attempting to sell. If we close the streets, that will add how many square feet to the project? Mr. Kay: I have down here 47,600 square feet of right-of-way to be closed, that includes... Commissioner Dawkins: That will add... That will be added to the total -_ acreage. Commissioner Plummer: Yeah. - Mr. Kay: Yes. Commissioner Dawkins: So therefore, whatever they are asking now excludes the asking price for the extra acreage. So therefore, what they're doing is _ enlarging the project, in order to get a better price when they sell it. So, somewhere along the tines, the City of Miami must understand that this is a business venture, which is the American system. 124 February 25, 1993 • Commissioner Plummer: Well... Commissioner Dawkins: But in the American system, everybody has to be a part of the selling or the buying. Commissioner Plummer: According to the calculations that I come up with, if .your numbers are correct, you said 47,600. Mr. Kay: Yes, sir. Commissioner Plummer: They indicated to me that generally they pay nine dollars a square foot of what is owned presently by the taxpayers of this community today is $428,400 of value that they would assimilate. Unless I'm way of base, those are the numbers that I have. Now... Mr. Kay: Yeah, that... We were using seven dollars a square foot in that... Commissioner Plummer: Well, excuse me. They told me... Mr. Kay: Yeah. I know. Commissioner Plummer: ...that they were approximately... Mr. Kay: From the tax rolls, seven dollars. Commissioner Plummer: Well, use seven dollars, if you... Mr. Elliot: If that average... Mr. Kay: That was from the tax rolls. Mr. Elliot: If that average includes street frontage on 2nd Avenue and a parcel on the other side... Commissioner Plummer: OK. I'll figure it the other way. Mr. Elliot: ...this is an interior... these are interior pieces. Commissioner Plummer: For the record, $333,200. Mr. Elliot: Did you give us credit for the 9,000 feet that's going back... Commissioner Plummer: You want that? All right. Forty-six... Mr. Mayor, I think we need to think about this for a tittle while. Commissioner Dawkins: You know, we have to be... Commissioner Plummer: I misunderstood. I thought he said ten percent. Commissioner Dawkins: No. But, J.L., what we need to do is table this or defier it so that whatever happens comes back voluntarily. Commissioner Plummer: Of course. 125 February 25, 1993 w-hlasd�ll�§�i.=4 1 Commissioner Dawkins: I do not want these gentlemen to stand up here and go through something here with us, and do whatever they do, and five days from now go to court and say we coerced them into doing it. I don't need that. OK? Mr. Elliot: I'd like to point out too that part of our agreement with the City includes $184,000 in subdivision improvements, which... Commissioner Dawkins: All I'm saying is, I don't want you to leave here and o away and say, "The only way we got it is was that we promised to give them 25,000; they coerced us into it, and that's wrong. That's spot zoning, they sold the zoning and therefore, we want our money back and we're going to sue the City too. That's all I'm concerned about. Mayor Suarez: OK. Mr. Hellman: Mr. Mayor? Mayor Suarez: Yes, sir. Mr. Hellman: Based upon what has been said, and I need to discus this with the owners of the property, could we asked that this be tabled, until the next... Mayor Suarez: We've got it tabled. Very good. And don't table it based too much on what has been said, because we've already said more than we should have on the record. All right. 16. DISCUSS AND CONTINUE (TO MARCH 25TH MEETING) CONSIDERATION OF AN APPEAL OF ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW A LESSER GREEN SPACE THAN REQUIRED FOR CONSTRUCTION OF A FAST FOOD RESTAURANT (BURGER KING) AT 1101 S.W. 22 STREET (Applicant(s): Jose Valle / Gull House No. 4 Ltd., owner. Appellant: Burger King Corp.) Ms. Slazyk: For the record, Lourdes Slazyk, Planning, Building and Zoning Department. John Fletcher, Esq.: Mr. Mayor? Ms. Slazyk: PZ-2... Mr. Fletcher: Excuse me. Can I interrupt... Ms. Slazyk: Oh, sure. Mr. Fletcher: I'm sorry, can I interrupt for one second? Thanks. I had spoken to you before. Lucia Dougherty and I would like to ask you if you would continue item PZ-19 for - what? A month? Mayor Suarez: Does anyone have any objections to item PZ-19 being continued? 126 February 25, 1993 Commissioner Plummer: Wait, wait. That's been deferred once. Mr. Sergio Rodriguez (Assistant City Manager): Right. Conmissioner Plummer: OK? Now, there are people, I think, here on PZ... Mayor Suarez: All right. Just... Commissioner Plummer: Anybody here on the Burger King issue? Mr. Fletcher: No, it's all my people. I'm representing the neighbors and... = - Commissioner Plummer: OK. _ Mr. Fletcher: ...we all agreed to this. — Mayor Suarez: It's only an inconvenience for us to the extent of having to readvertise, but it's not anyone else's... Commissioner Plummer: There's... Hey, let me tell you, I'd love to defer the whole agenda. Mayor Suarez: Very good. OK. So, on the basis of that... Commissioner Plummer: Move... Mayor Suarez: ...move to continue 19. Commissioner Plummer: ...nineteen. Defer it until when? - Mayor Suarez: Thank you. Mr. Fletcher: One month. Commissioner Plummer: Defer it until when? The March meeting? Mr. Fletcher: March 25. Commissioner Plummer: March 25. I so move. _ - Mayor Suarez: So moved. — Commissioner Dawkins: Second. Mayor Suarez: Second. Call the roll. Commissioner Plummer: Is that 1993? Mr. Fletcher: `that's... Yes. 127 February 25, 1993 WHEREUPON MOTION DULY MADE BY COMMISSIONER PLU14MER AND SECONDED BY COMMISSIONER DAWKINS, ITEM PZ-19 WAS CONTINUED TO THE MEETING OF MARCH 25 BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Rodriguez: May I ask you one question on this issue? I understand that they have a new set of plans for this project, compared to the one that the Zoning Board reviewed before. And procedurally, I want to make sure that the staff... I will have an opportunity to review the plans. Ms. Lucia Dougherty: We'll submit them in whatever time they want. Commissioner Plummer: Well, wait a minute. If they've changed the plans, won't they have to go back before the Zoning Board? Ms. Miriam Maer (Assistant City Attorney): If I may, that's my concern. I understood that this item would be taken up by the Commission and if the Commission wanted to instruct them to submit the new plans and then continue the item, that would be an acceptable way to do it. Otherwise, I'm going to have a problem with their submitting the new plans to this Commission when it does come back to the Commission, since those plans are not the plans that were seen by the Zoning Board. Ms. Lucia Dougherty: If the Commission wants to refer this back to the Zoning Board for a reconsideration, I'm happy to do that. Commissioner Plummer: Well, Lucia, we don't know... Ms. Dougherty: I don't think it's necessary, for the reason that... Commissioner Plummer: ...whether it's a major change or not. Ms. Dougherty: It's not a major change. All it is is dealing with the driveways that DOT (Department of Transit) is going to permit. Commissioner Plummer: Staff? Ms Maer: I would suggest that the Commission take the item up long enough to have them enter their appearances and if they suggest that they're going to be submitting new plans, you could instruct them to submit those new plans, because... 128 February 25, 1993 Commissioner Plummer: Well, here's... May I suggest that we defer it until March the 25th. In the interim, you surrender the new plans to staff on the - 25th we'll make a decision whether to hear it here or send it back to the Planning Board. Ms. Dougherty: Fine. Mr. Fletcher; Fine. Exactly. Thank you. Commissioner Plummer: Have it your way. Mr. Fletcher: Thank you very much. Excuse the interruption. Thank you ---------------------------------------------------------------------------- 11. GRANT APPEAL OF VARIANCE PREVIOUSLY DENIED BY ZONING BOARD TO WAIVE 5 OF 9 REQUIRED PARKING SPACES AND TO ALLOW A REDUCED REAR SETBACK FOR CONSTRUCTION OF A ONE STORY AUTO CARE SERVICE STRUCTURE AT 130 N.W. 22 AVENUE (Applicant / Appellant: Carlos Nunez). ------------------------------------------------------------------------------ Ms. Lourdes Slazyk: Ali right. PZ-2 is an appeal of a variance which was denied by the Zoning Board, to waive five out of nine required parking spaces and to allow reduction in the 20 foot required rear setback. The recommendation from the Planning, Building and Zoning Department is also for denial. There is no hardship to justify the requested variances because of the fact that this is new construction and it should be designed to meet all of the zoning requirements. Mr. Virgilio Perez: Yes, Mr. Mayor. My name is Virgilio Perez, with... Mayor Suarez: Virgilio, have you been sworn in? Ms. Matty Hirai (City Clerk): No, sir. Not yet. Mr. Perez: I'm sorry. Mayor Suarez: Please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Perez: I do. Mr. Mayor, members of the Commission, my name 1s Virgilio Perez, with offices at 1401 West Flagler and I do have with me here the owner of the property, Mr. Carlos Nunez. I have been employed to specifically y present to you the mitigating circumstances that we're not being able to be presented at the Zoning Board... Zoning Appeal Board, due to the reason that - = I did not represent my client at that time. I'd like to enter into the specifics of the application. I'd like to show you that... [AUDIO NOISE] 129 February 25, 1993 - Mayor Suarez: right? Sorry. We are going to have a new sound system pretty soon, Mr. Perez: Maybe we can save some money, Mr. Mayor. Mayor Suarez: Our year 2000 sound system will resolve all this. All right. Mr. Perez: We're talking here about the subject property which is an abandoned house that we have on 22nd Avenue. It's 130 SW.,. I mean NW 22nd Avenue. As you can see, all this corridor, is a C-1 type of property. We have shown pictures in the front of the north side and in front of the south side of the subject property. As you can see, all this commercial venture over there. We do feel that the type of property that we're talking, which is an enclosure between two streets, it does have a hardship because it's not economically sound to go and proceed with the actual house. The owner of this property is a man who lives with his brother half a block away and that's one of the reasons why we are requesting to be relieved in the problem of parking. We're trying to produce an auto car center, which as you can see down here, it's composed of... It's a small auto parts center which has three bays. And the problem that we have is that due to interpretation of the Zoning Administration, we're required to have nine parking spaces. We can only fit in this type of property four parking spaces, plus we have the... the actual property as it is right now, there has a structure which is abutting to the R- 1 which is behind the property. And we are planning to remove that and make sure that we give them 11 feet setback even though we are required to have 20 feet. But what we're doing is we're producing landscape behind the building, plus we are going aligned with the other buildings that are at that site. Most of those buildings are old types of buildings which are grandfathered in. I'd like to... Once I have made my presentation, I'd like to explain... Vice Mayor De Yurre: Let me ask, you live a half a block away? Mr. Perez: Yes, he lives... Vice Mayor De Yurre: What is your address? Mr. Perez: He lives at 2111 NW 2nd Street, so it's... I'd like to show you that we have support of all the property owners who have a company. Could you get up, please, and make sure that they can see you? Now, I'd like to, at this time... Vice Mayor De Yurre: These are all residential property owners? Mr. Perez: That's correct. I'd like to... Vice Mayor De Yurre: Residential... Mr. Perez: Residential... Yes, residential property owners. I'd like to Introduce... -- Vice Mayor De Yurre: OK. Mr. Perez: ,..them to speak at this time. I'd like to bring Mr. Castillo,.. I mean, Mr. Trujillo, who is a next door neighbor and it's a family home 130 February 25, 1993 494 that's there. He lives at 122 NW 22nd Avenue, Mr. Trujillo, please, can we... Commissioner Dawkins: Before Mr. Trujillo speaks, do we have anybody in the audience who objects to this? Unidentified Speaker: No, sir. Commissioner Dawkins: OK. Mr. Perez: OK. This... You want to swear 1n Mr. Trujillo? There's going to be another one who is going to speak, so he can be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr, Ezequiel Trujillo: I do. Vice Mayor De Yurre: Go ahead. Mr. Trujillo: Sir, I am the owner of the property at 122 NW 22nd Avenue, besides the property they are trying to build something over there. I know these people for around seven to eight years. They never disturb me with any kind of parking. They never see them parking over there either. Even today, exactly today, I am parked in his property because nobody's parking over there. Vice Mayor De Yurre: You live... Mr. Trujillo: I don't see any reason... Vice Mayor De Yurre: You live next door, right? Mr. Trujillo: Next door, yes. Vice Mayor De Yurre: You live, not that you are just... Mr. Trujillo: Yes, I live there. Mr. Perez: Thank you very much, Mr. Trujillo. I'd like to bring now Mr. Riveron.who lives at 2232 NW 2nd Street and he's also a family man and he's a single family owner. Mr. Pedro Riveron: My name is Pedro Riveror.. I live at 2232 Nit 2nd Street. I know Carlos for eight years, I know his family, we always walked to the business where they work. I don't have any problem with the parking. - Vice Mayor De Yurre: Let me ask a question, Virgilio. Are they asking to do anything in addition to what they've been doing already? Or do you just want >m to legalize the matter? _ — Mr. Perez: No, what we want to legalize... Commissioner, what we want to do is legalize the matter. We also have 32 property... adjacent property owners petitions saying that they're OK with it. And I'd like to introduce that as 131 February 25, 1993 evidence, plus also, I'd like to introduce the mortgage deed of the property who they belong, 2111 NW 2nd Street, where they're living right now - him, his '! brother and his brother's wife. The only problem is that this property they bought it with their life savings and they live like half a block away and -_ they're going to produce a small business and they're going to fix this house, which is in decay, complete decay, and try to produce an auto service store, _ which is going to be of him, his brother and one other mechanic. Mr. Rodriguez: Vice Mayor, I think that the answer wasn't clear. Because I think the question you were asking was whether to legalize an existing use which is... Vice Mayor Be Yurre: Well, yeah... legalize their existing activity... Mr. Rodriguez: Right. My question is whether they want to Vice Mayor Be Yurre: ...or whether they're planning to augment... Mr. Rodriguez: It's a new activity. Vice Mayor Be Yurre: ...and do something greater than. Mr. Rodriguez: It's a new activity, the... According to the application that we have from them, they want to put a new business in the property. Mr. Perez: It's a new activity, but it's permitted under a C-1 and what's happen... Mr. Rodriguez: No, that's... But that's... No, I was trying to refer the fact that you... Vice Mayor Be Yurre: Yeah. But that's not what I was asking for... Mr. Perez: Oh, I'm sorry. Mr. Rodriguez: ...that you were asking. Mr. Perez: Excuse me. Vice Mayor Be Yurre: Because, you know, if that's the case, and I have... even though I haven't seen anybody here opposing this, we have had phone calls Mm from 1st Street, from that area, a number of people have called concerned = about it. And, you know, I think what would be most reasonable at this time - is to do something wherein we can give it a test of time, that we could make something revocable. I don't know legally what can be done, to see what kind of effect this has on the neighborhood. The main concern of the neighbors is that you have cars that are going to be parked, that is a very bad area for parking. People park in front of your homes, you can't park, it's a very difficult area for the residential neighbors of 22nd Avenue, as I'm sure you _ know. So, I think that we need to see what we can do, as far as finding some kind of relief, in case that this situation gets out of hand, and do something that will ensure that they will not park cars along the sides of the streets, in order to deal with their business. 132 February 25, 1993 *1 0 Mayor Suarez: By doing that, Virgilio, we would avoid the problem that we're facing with some of these other folks that are here, which is one where we initially evaluated something and later found out that the circumstances changed enormously and we have a horrendous traffic and parking problem in Coconut Grove. The other reason that might make sense is that you have... you're arguing for a hardship and you're also arguing... Mr. Perez: It's... Mayor Suarez: ...that you're going to change the use at the same time. That's a little tough, legally, for us. Mr. Perez: We're not changing the use. The use is permitted under C-1. Mayor Suarez: Augmenting it, I guess, is the way the Vice Mayor stated it. Mr. Perez: And we're not... Right. What happens is that this is a very small auto -care center. You can see this is not adjacent to a street, it's in the middle of a block. What happens is that the cars will come in - you cannot, in reality, go outside 1n the streets to park. They walk in from their house, which is half a block away, and there is only going to be three people working there. So, in reality it's a small type of operation. And I do concur with you that we're willing to give it any kind of test that you're proposing. Vice Mayor De Yurre: I'd like to see something like that, because I'd hate to have the neighbors... And I know that area well. I've known that area quite well for many years and I know there is a very... They've got like boarding hones, single room occupancy right on 1st Street... Mr. Perez: Right. Commissioner Plummer: There never was a problem, until they widened the damned road. Vice Mayor De Yurre: ...between 22nd and 23rd Avenue. Commissioner Plummer: No, that's when the problem occurred. Vice Mayor De Yurre: And, the parking is horrendous over there. Commissioner Plummer: Well, you know, unfortunately, Victor, I go back further than you do into that area and the real problem is not created by than, but it was the widening of the road. There used to be adequate parking over there and then when they widened the road, they just took away all parking and everybody was... everybody ha.1 a problem. Commissioner Dawkins: What is staff's reasoning for denial? Mr. Rodriguez: We felt that this was a self-imposed hardship. There was no reason for them in a new development, in a new project, not to try to comply with the ordinance. 133 February 25, 1993 ��: .r. �+ .. f - K r Mayor Suarez: OK. Is there a way to build in a one-year review of some sort, so that we can... Coa+missionar Plummer: Anything on a variance. On a variance you can add any conditions you want. Mayor Suarez: All right. Mr. Rodriguez: If you want to, you can add a one-year review by the Zoning Board. Commissioner Plummer: Yeah. Mayor Suarez: We want to. We want to. Please, give us a way to do it. Commissioner Plummer: That's it. Ms. Maer: Is that a one-year review by the Zoning Board... Mayor Suarez: All right. Ms. Maer: ...with the ability of the Zoning Board to attach further conditions, if the situation so warrants at that time? Mayor Suarez: There you go. Mr. Rodriguez: Or deny it. Mayor Suarez: Sounds good. Mr. Rodriguez: Or deny it. Mayor Suarez: I'll entertain a motion to that effect, since we have no other opposition. Vice Mayor De Yurre: So moved. Mayor Suarez: Do we have a second? Commissioner Plummer: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll on that resolution, with that proviso. 134 February 25, 1993 The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-130 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, PRINCIPAL USES AND STRUCTURES, TO WAIVE FIVE (5) OF NINE (9) REQUIRED PARKING SPACES, AND TO ALLOW A REAR SETBACK OF 11'-00 (20'-0" REQUIRED) FOR THE CONSTRUCTION OF A ONE STORY STRUCTURE FOR AN AUTO CARE SERVICE FACILITY FOR THE PROPERTY LOCATED AT 130 NORTHWEST 22NO AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOT 48,. AMENDED PLAT AND RESUBDIVISION OF GLENROYAL, AS RECORDED IN PLAT BOOK 5 AT PAGE 55 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO A ONE YEAR REVIEW BY THE ZONING BOARD; ZONED C-1 RESTRICTED COMMERCIAL; SAID VARIANCE HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Aionso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Plummer: Let me... Mayor Suarez: Yes, sir. Commissioner Plummer: Let me tell you what you should tell your client, and this is something that's being done a lot nowadays. Do you know the filling station at 17th Avenue and Coral Way? Mr. Perez: Yes, I do. Commissioner Plummer: OK. Across the street at the Church, which is not used during the week, they rent parking spaces for $12 a month for their employees. If he's smart, and he has availability for his employee parking not to use this at $12 per car per month, he ought to try to find something. 135 February 25, 1993 a r¢ Mr. Perez: That's correct. That's a good suggestion, Mr. Plummer. Mayor Suarez: Very good. Mr. Perez: Thank you, Mr. Mayor. Mayor Suarez: Thank you for your presentation. Commissioner Plummer: The church is... Commissioner Plummer: Mr. Mayor, item one has come to a realization that they would like to express to this Commission. They... At least that's what I've been told. Mayor Suarez: May I just, as a procedural thing, thank the Chief of Protocol... Chief of the Commission on Protocol for the City of Miami for his fine presentation, Mr. Vlrgilio Perez. You obviously are learning the protocol, sir. You make a good presentation. You didn't get everything you wanted, but that's... Commissioner Plummer: Quit while you're ahead, Virgilio. 18. VACATE AND CLOSE PORTIONS OF N.E. 17 TERRACE, N.E. 1 AVENUE AND N.E. 1 COURT AS A CONDITION OF TENTATIVE PLAT NO. 1434, "OMNI ANNEX" (See label 15) . , Mayor Suarez: All right, counselor. Where are we? Mr. Hellman: I have spoken with the owners of the property and they have agreed to contribute the sum of $25,000 at... Mayor Suarez: Very generous. Commissioner Plummer: Mr. Mayor, I would please beg of this Commission to allow - as the fine gentleman of this community has asked, Mr. Reboso - that that money be payable to the City and in likewise to the goys Club of Southwest Miami and in honor of something for this City of Miami that we did for them. And I would move item 1, if it's with my colleagues permission, under those conditions. Mayor Suarez: So moved. Commissioner Dawkins: Second. Mayor Suarez: Second. Any discussion? Commissioner Plummer: Excuse me. You will surrender the check within 30 days, of course. 136 February 25, 1993 TAr''ff' 1 r Mr. Hellman% It's my understanding, as these have gone in the past, that it's together with the platting, or the approval of the plat... Commissioner Plummer: The check within 30 days. Mayor Suarez: Ail right. Commissioner Dawkins: That's our understanding. Mr. Elliot: Can't we make that subject to the final plat acceptance? Commissioner Plummer: Of course. That's the final platting, yes. Mr. Elliot: Final platting. Commissioner Plummer: But 30 days from today. If you don't get final platting, we'll be glad to talk to you. And 1f Mr. Reboso doesn't have a bank where he can get a check, we'll be glad to talk to him also. Mr. Hellman: Thank you. Commissioner Plummer: Mr. Reboso, stand up. Mayor Suarez: So moved and second. Commissioner Plummer: I want the people to see this great gentleman for this community. At his age, he looks like a million dollars and I tell you, I'm damned proud to have you here, sir. Mayor Suarez: Very good. And it turned out to be very opportune that you were here, for reasons of this voluntary proffer. We have a motion and a second. Vice Mayor De Yurre: Second. Commissioner Dawkins: No, I seconded. Vice Mayor De Yurre: It's been seconded? Commissioner Dawkins: Call the roll. Commissioner Alonso: It has been seconded ten times. Mayor Suarez: Do we need to read the ordinance, Madam City... It's a resolution? Ms. Miriam Mayer (Assist. City Attorney): No, sir. It's ,just a resolution. Mayor Suarez: Call the resolution. Call the motion. 137 February 25, 1993 0 W The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-131 A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING FROM PUBLIC USE THOSE PORTIONS OF NORTHEAST 17TH TERRACE BETWEEN NORTHEAST 1ST AVENUE AND NORTHEAST 2ND AVENUE, FOR A COMBINED TOTAL DISTANCE OF APPROXIMATELY 436 FEET, THAT PORTION OF NORTHEAST 1ST AVENUE BETWEEN NORTHEAST 17TH STREET AND NORTHEAST 17TH TERRACE, FOR A DISTANCE OF APPROXIMATELY 259 FEET, THAT PORTION OF NORTHEAST 1ST COURT BETWEEN NORTHEAST 17TH STREET AND NORTHEAST 17TH TERRACE FOR A DISTANCE OF APPROXIMATELY 259 FEET, AND THE NORTH -SOUTH ALLEY LYING IN THAT BLOCK BOUNDED ON THE NORTH BY NORTHEAST 17TH TERRACE, ON THE WEST BY NORTHEAST MIAMI PLACE, ON THE SOUTH BY NORTHEAST 17 STREET AND ON THE EAST BY NORTHEAST 1ST AVENUE, FOR A DISTANCE OF APPROXIMATELY 241 FEET, SAID ACTION BEING A CONDITION FOR APPROVAL OF TENTATIVE PLAT NO. 1434 "OMNI ANNEX". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 138 February 25, 1993 19. BRIEF DISCUSSION CONCERNING PROPOSED FIRST READING ORDINANCE TO AMEND 10544 (MCNP) FUTURE LAND USE PLAN MAP TO CHANGE LAND USE DESIGNATION AT 550 N.W. 42 AVENUE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL AND ALLOW AMERICAN WELDING SOCIETY / FRANCIS G. DeLAURIER (APPLICANTS) TO WITHDRAW COVENANT PREVIOUSLY REQUESTED BY THE COMMISSION IN CONNECTION WITH ADDITIONAL PARKING SPACES. Mayor Suarez: Item PZ-3. Commissioner Plummer: Three. Oh, Mr. Mayor, PZ--3, let me bring this Commission. This is my fault. Mea culpa, mea culpa, mea culpa. I forced upon these people, when they had their initial hearing, to make them go back and file a voluntary action without us forcing them to do it. They didn't necessarily want to do it, but in compliance with our request... my/our request, they did. They were denied at the Zoning Board. They did not wish to appeal, but wanting to keep faith with this Commission, they did what we requested. And so, at this particular time, I would move that this item be withdrawn. I don't want to give them a denial because it would preclude their coming back at any particular time. So, Madam City Attorney, what is it that I do? Do I make a motion to... Commissioner Dawkins: What are you trying to do, because I didn't hear you? Commissioner Plummer: OK. That they didn't want to come back. They're here only because I asked them to come back voluntarily, which they did. So, what I'm trying to do is wash it out. It's not of any consequence other than what we had asked them to do. What's the.. Commissioner Dawkins: OK. Why would you request... Mr. Sergio Rodriguez (Assistant City Manager): But it was... Commissioner Dawkins: What were you looking for when you requested that it come back? Commissioner Plummer: All right, sir. What we were looking for, if you'll look on the map, are the lots behind for additional parking, if in fact we wanted them to do it, would they file a volunteer application and their answer was yes. I can tell you that personalty I went out there, it is not needed. They have adequate parking. So, what is the proper... Mr. Rodriguez: There was... I'm going to let the Law Department advise you legally, but there was a covenant that they entered into. Commissioner Plwmer: Right. Mr. Rodriguez: So, you have to amend that covenant. Ms. Miriam Maer (Assist. City Attorney): I would suggest, if I may, that this Commission, at this time, deem compliance with that condition of the covenant 139 February 25, 1993 which required them only to make application for this. Of course, you could not require there to have it granted. They have thus complied with that condition of the covenant by being here today. Commissioner Plummer: OK. Ms, Maer: And if you want to permit them to withdraw, and that would be appropriate, having already deemed them to be in compliance, then we don't need to amend the covenant. Commissioner Plummer: I make a motion, at this time, that they be allowed to withdraw the covenant, which would... covenant which was asked for by this Commission a year previously. I so prove. Vice Mayor De Yurre: Second. Commissioner Alonso: Second. Commissioner Dawkins: That's the third second. Commissioner Plummer: Excuse me? Commissioner Dawkins: No, you go ahead. I'm... Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 93-132 A MOTION ALLOWING AMERICAN WELDING SOCIETY/FRANCIS G. DeLAURIER TO WITHDRAW THE COVENANT WHICH WAS PROFFERED ON JUNE 20, 1991 IN CONNECTION WITH THE PROVISION OF ADDITIONAL PARKING SPACES FOR PROPERTY AT 550 N.W. 42 AVENUE. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Commissioner Miller J. Dawkins ABSENT: Mayor Xavier L. Suarez Vice Mayor De Yurre: OK. Next item. Item 4, PZ-4? Commissioner Plummer: Four is the same. Ms. Maer: That's a companion item. Right. They're. going to withdraw that as well. Commissioner Dawkins: Four is the same one. 140 February 25, 1993 L ]. Commissioner Plummer: Yeah. right? It's not necessary. Ms. Maer: That's right. We go to five. No action on five... four, Commissioner Dawkins: If you went with the first no action... Ms. Maer: It gets withdrawn also. Commissioner Plummer: OK. ---------------------------------------------------------- NOTE FOR THE RECORD: At this point, agenda item PZ-4 was witEarawn. — ---------------------------------------------------------- = 20. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2705 N.W. 22 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Zoila Guerra). ------------------------------------------------------------------------------ Vice Mayor Be Yurre: OK. PZ-5. Ms. Lourdes Slazyk: PZ-5 is a request for a change of land use for the property located at 2705 NW 22nd Avenue. Commissioner Dawkins: What is the recommendation of staff? Ms. Slazyk: Staff recommendation is for approval and is the Planning Advisory... Commissioner Dawkins: I move as recommended by staff. Commissioner Alonso: Second. Vice Mayor Be Yurre: OK. Are there any objections? Any objections here? Do we have a second? Commissioner Alonso: Yes. Vice Mayor Be Yurre: Moved and seconded. Any further discussion? Call the roll. Do we have to read the ordinance or not? [AT THIS POINT, THE ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD BY TITLE ONLY.] Vice Mayor Be Yurre: Call the roll. 141 February 25, 1993 +• y _n .t .n<+�*� a �� »�° eM�Is�ibx .�.,h. ii 15 Commissioner Plummer: Let me ask a question. Sergio, it's the property in green. Is that correct? Mr. Rodriguez: No. Ms. Slazyk: No, the property in green is the neighbors in favor. Commissioner Plummer: OK. That property... I don't see any yellow, which is normally the designation. OK. Mr. Sergio Rodriguez (Assistant City Manager): Yeah. Commissioner Plummer: Now where is the closest C-1 to that? Mr. Rodriguez: Adjacent to the north. Ms. Slazyk: Right to the north, adjacent. approval. Commissioner Plummer: To the north? Ms. Slazyk: Right. Mr. Rodriguez: Right. Commissioner Plummer: OK. That's why we're recommending Ms. Slazyk: It splits the block. Commissioner Plummer: What about the other side of the street, which was also... Ms. Slazyk: It's R-3. R-3, and to the north C-1. Commissioner Plummer: So, in other words, you're going to have R-3 changed over there to C-1 facing R-3. Mr. Rodriguez: Right. But you would have in the same block C-1. Ms. Slazyk: Right now the block is split and the nature of the street is... Mr. Rodriguez: That's... Commissioner Plummer: And what are you doing to the south of there? Because you Know there's going to be an application to change that also. Mr. Rodriguez: What they can do is maybe we can request one foot that they will leave in... Commissioner Plummer: That would be most advisable, to stop... Vice Mayor De Yurre: Nor would that impact across the street? The one foot deal? 142 February 25, 1993 ��,•,,z"s' �,-a � �r.,jk «xw�S4mFn ,»u'w5*. w`w'nEki i \�; k3'.r c� Commissioner Plummer: It wouldn't be a contiguous... Mr. Rodriguez: Well, it will.,. Vice Mayor De Yurre: Across the street, I'm talking about. Mr. Rodriguez: It will be adjacent to it. For example, on the east, the one foot would not allow the zoning to continue. Vice Mayor De Yurre: South. Ms. Slazyk: South. Mr. Rodriguez: And then on the south... Vice Mayor De Yurre: No, no. We're talking about, you know... Mr. Rodriguez: You see,'because at this... present, the zoning goes to the center line on the property, and if you leave one foot of that corner from where it is, they will not go into the street and the street will be zoned... Commissioner Plummer: Yeah. Vice Mayor De Yurre: So, that one foot doesn't go along the north line. It goes along the... Mr. Rodriguez: The one foot will go along the south line, the east line, and if you want to, the west line. Vice Mayor De Yurre: Isn't it more like the west line what J.L. is trying to accompl i sh? Mr. Rodriguez: I think he's concerned about the south line, if I understand correctly. Commissioner Plummer: Both. Ms. Slazyk: The west and south. Commissioner Plummer: Both. Vice Mayor De Yurre: Southwest. Mr. Rodriguez: I... Vice Mayor De Yurre: So, we have... then we have the one foot running along the north side and then along the west side. Mr. Rodriguez: No, the one foot will be on the south side of the property and the east and west side of the property. Vice Mayor De Yurre: Where is south? I don't understand. Is south down or up? 143 February 25, 1993 OR N MIL ;i r. Mr. Rodriguez: South is down. South is down. Commissioner Plummer: What... Vice Mayor De Yurre: South is down. OK? So, don't you have to put the one... OK. CIK, I got it. Mr. Rodriguez: You see... Mt Commissioner Plummer: What's there now? i— Mr. Rodriguez: You understand, you leave one foot all around. Vice Mayor De Yurre: Yeah. So, on the south and on the west. Mr. Rodriguez: West and on the east. Commissioner Plummer: What's there now, presently? Mr. Rodriguez: At present in this property? f Commissioner Plummer: Yeah. Mr. Rodriguez: Wait one second. = Ms. Slazyk: Maybe, the... It's a home occupation of some... it's a commercial upholstering... Mr. Benigno Pereda: Yes. Commissioner Plummer: It's a what? Ms. Slazyk: It's an upholstering. They're running it out of the... the = building that used to be a residence at the site. It's an upholstery business. Commissioner Plummer: And what does this do to the value of the property? Vice Mayor De Yurre: Well, it increases it by about $500,000. -- Commissioner Plummer: That's what... Five hundred? That's all. Vice Mayor De Yurre: What do you want, 20 percent? Commissioner Plummer: Well, how long... Mr. Pereda: Seven years about. Commissioner Plummere, You know, when you buy property, you have no... absolutely no right to expect that that property will ever be worth more than - what you paid for it. - Vice Mayor De Yurre: And I don't think she does. I think she wants to make, you know, a better living, just like the other guys here with Virgilio Perez who can by a moment ago. 144 February 25, 1993 R D N{t S `a` c:, L�+-,.-r.._.4M^,*Mi+YIz•4?_M�,'iEtA�SJ+,fnF�iS'..tlif� h -� 5T; y ,f'% xis _ a— Commissioner Plummer: Well, I think... Vice Mayor De Yurre: No big deal. Commissioner Plummer: I think that that is something that is... Vice Mayor De Yurre: Something to study in the future. Commissioner Alonso: That's the only compensation for the taxes we pay in the City of Miami... Commissioner Plummer: Yeah. Commissioner Alonso: ...is the hope that the properties are going to go up. Commissioner Plummer: You know, when you want a right, when you want a privilege... Do we want to go look at this property? Vice Mayor De Yurre: I don't think so. Comissioner Plummer: No? Vice Mayor De Yurre: Uh-uh. Ms. SIazyk: The lot adjacent to it on the other side is a gas station and then it goes on to commercial uses up the street. Commissioner PlLmner: Oh, by God. Well, that really enhances the value, doesn't it? Vice Mayor De Yurre: Does he want a one -foot line separating the south boundary and the west... Mr. Rodriguez: East and west... Vice Mayor De Yurre: East and west. Mr. Rodriguez: ...boundaries. Vice mayor De Yurre: OK. That's a motion. Commissioner Plummer: And are they doing something for the taxpayers, or doing something for them? What are they doing for the taxpayers? Vice Mayor De Yurre: How many people are employed in her business? Mr. Pereda: CUANTOS EMPLEADOS TIENE EL NEGOCIO? Unidentified Speaker: VOY A PONER SEIS EMPLEADOS CUANDO FABRIQUE ANT. ANORA TENGO DOS. Mr. Pereda: ANORA DOS? She has two, but she plans to have about six when she does the project. 145 February 25, 1993 Vice Mayor Be Yurre: Three hundred percent increase. That's not bad. And she'll accept recotrmendations from J.L., right? Mr. Pereda: Yes. Vice Mayor Be Yurre: Hey, there you go. Commissioner Plummer: Did she want to volunteer something, sir? Ms. Guerra: QUE DICE? Mr. Pereda: TU QUIERES.:. Vice Mayor Be Yurre: I don't think she's in a position to volunteer much of anything, J.L. You know, for this kind of business. Commissioner Plummer: What kind of business is she in? Mr. Pereda: ...PARA LA CIUDAD... BUENO, SI PUEDES. MR. GUERRA: QUE SI... Vice Mayor Be Yurre: Upholstery. Commissioner Plummer: Upholstery? Commissioner A1onso: I don't think... Vice Mayor De Yurre: You want her to fix a sofa... Commissioner Alonso: I think you are in the wrong location, it seems to me that... Vice Mayor Be Yurre: ...you know, in your office at City Hall. Commissioner Plummer: All right. I'm advised to let her go. Go! Vice Mayor Be Yurre: OK. We have a motion and a second. Commissioner Plummer: Yes. Vice Mayor Be Yurre: Oh, that's... We're just adding your amendment... Commissioner Plummer: Go forth and spread the word that this Commission gave you a great deal. Vice Mayor Be Yurre: OK. Gall the roll. 146 February 25, 1993 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT 2705 NORTHWEST 22NO AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: ` AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. _ 21. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2705 N.W. 22 AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Applicant: Zoila Guerra). ------------------------------------------------------------------------------ Commissioner Dawkins: Since PZ-6 is a companion item, do we have to take action on it? Miriam Maer (Assistant City Attorney): Yes, you would. And is this item where you want to have the one foot strip or not? Commissioner Plummer: That's true. Ms. Lourdes Slazyk: Yes. Commissioner Plummer: Yes. Vice Mayor De Yurre: So be it. Ms. Maer: That was a one -foot strip on the east and west boundaries? 147 February 25, 1993 i Vice Mayor De Yurre: And south. Commissioner Plummer: That's correct. Ms. Slazyk: Yeah. Commissioner Plummer: And south. Ms. Maer: It's the east and south? Commissioner Dawkins: And west. Mr. Sergio Rodriguez (Assistant City Manager): And west - three. Vice Mayor De Yurre: East, west... Ms. Maer: East, west and south. Vice Mayor De Yurre: ...south. Commissioner Plummer: Right. Ms. Maer: OK. Thank you. Vice Mayor De Yurre: OK. We have a motion and a second. Commissioner Plummer: Right. Vice Mayor De Yurre: Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM - DENSITY TO C-1 RESTRICTED C{ERCIAL FOR THE PROPERTY LOCATED AT 2705 NORTHWEST 22ND AVENUE, M'IAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) LESS A ONE -FOOT STRIP ON THE EAST, WEST, AND SOUTH BOUNDARIES OF THE PROPERTY TO SEPARATE THE SUBJECT PROPERTY FROM THE PROPERTIES ON THE EAST, WEST, AND SOUTH; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was Passed on its first reading by title by the following vote: 148 February 25, 1993 . t+n �a.+h ra .�xw���kx af�"Y•+nr wet<x ��y 1% 5 BYES: Commissioner Miriam Alonso — Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. '-- Vice Mayor Victor De Yurre - NOES: None. ABSENT: Mayor Xavier L. Suarez The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Vice Mayor Be Yurre: Item 7. Commissioner Alonso: Yes, I want to be sure she understands the one foot that has been given around the property. She understands that? Did you explain it to her in Spanish? Mr. Pereda: I'm going to explain to her. Commissioner Plummer: She will. Mr. Pereda: I'm going to explain to her right now. = Commissioner Alonso: SI, QUE LE ESTAMOS DANDO... QUE TIENE QUE DEJAR UN PIE SEPARANDO LA PROPIEDAD. USTED LO INTIENDE? QUE ESTA AL REREDOR DE LA PROPIEDAD Y QUE ES UN PIE LO QUE SE ESTA DANDO PARA QUE QUEDE SEPARADO. ESTA DE ACUERDO, VERDAD? OK. GRACIAS. Vice Mayor De Yurre: BASICAMENTE, NO PUEDE FABRICAR CONDOMINIO ALLI. Commissioner Alonso: Yes, she is. -� Unidentified Speaker: NO. Vice Mayor De Yurre: OK? Unidentified Speaker: YA SE VA A FABRICAR UNA NAVE PARA... Commissioner Plummer: I waive consecutive translation. Unidentified Speaker: ...PARA PONER... Vice Mayor Be Yurre: I just told her that she couldn't build condominiums there. Unidentified Speaker: Thank you very much. Vice Mayor Be Yurre: OK. Mr. Pereda: Thanks a lot, Commissioner. 149 February 25, 1993 e-.«....-..-_.._...._......_..,..._..,.----__......._..-__ __-,-___-_..-M.._......___ _-__----....-....�.., 22. SECOND READING ORDINANCE: AMEND 11000 TEXT (ART. 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SEC. 908.10) _d PROVIDE MINIMUM LANDSCAPING REQUIREMENTS IN ONE -FAMILY, TWO-FAMILY AND MULTIFAMILY RESIDENTIAL DISTRICTS (Applicant: Planning, Building & Zoning Dept.). Vice Mayor De Yurre: Item 7, PZ-7. Commissioner Dawkins: What's the recommendation of staff on 7? Ms. Lourdes Slazyk: It's for approval. Commissioner Dawkins: So... Ms. Slazyk: It's a second reading ordinance. Commmissioner Plummer: I just want to ask a question on 7. Commissioner Dawkins: Go right ahead. Commissioner Plummer: Why are we talking about only to a minimum amount of landscaping, Sergio? Mr. Sergio Rodriguez (Assistant City Manager): What is happening 1n this particular case, Commissioner, is that we realize that for the last ten years there have been... that there's a section of the ordinance that has not been enforced. Commissioner Plummer: Is the minimum increased or is the minimum decreased? Mr. Rodriguez: The minimum would be decreased in some areas and increased in others. Commissioner Plummer: Why would we want, in any way, shape or form, to decrease... • Mr. Rodriguez: No. Commissioner Plummer: ...the amount of landscaping? I don't understand that one at all. Mr. Rodriguez: Well, maybe if you allow us to show you in the slides what we're trying to do, you'll understand the problem that we were facing in trying to address a specific problem. And let me correct myself. What we are decreasing is... We decreased it 1n all cases. You're correct. Let me get -- Lourdes to explain that on the screen. 150 February 25, 1993 Commissioner Plummer: You know, if you'd have brought this up before Andrew I might have agreed with you. But after Andrew, I find it difficult to even talk about decreasing landscaping. And if in fact, that's what it is, please don't waste your time on me, because I'm voting against it. So, I mean, if that's the case... If it's not the case, go ahead and try to lobby. Ms. Slazyk: The proposed amendment is going to try and provide a differentiation in landscape requirements for single-family duplex and multifamily. Right now, the way the ordinance is written, all the districts, irrespective of density, have the same requirements - that 60 percent of the required front yard be landscaping and 40 percent be allowed paved area. This is a particular hardship we found in the duplex districts, because there is also a requirement in the ordinance that there be a seven and a half foot separation, another setback between the right-of-way and where the car may be in the front yard. In duplex districts, this is... where there are four parking spaces required per duplex, this is a hardship in that in order to provide all four spaces, the cars end up going into the buildable area on a standard lot. And what we end up with is those strips of paved area and grass and then the grass dies and it looks worse. We did an analysis of the ordinance of all three districts and came up with more appropriate setbacks to... landscape requirements by density. What we plan to do is remove the seven and a half foot requirement which has been part of the ordinance for over ten years now and hasn't been enforced Citywide, and it hasn't been detrimental to the neighborhood. So, we want to remove it for single and duplex only and keep it intact for multifamily. Mayor Suarez: What is the community's position? Are you in support of? You want to give your name on the record? Ms. Graciela Balanzategui-Garrido: Graciela Balanzategui-Garrido, 3620 SW 20th Street. We are opposed to in the R-is. At present, 40 percent paving is more than enough for the... for R-1s purposes for parking. And also, we have a question as to if you increase the amount of paving allowed Citywide, where does the rainfall go? Right now, a lot of the rainfall gets soaked in. Mayor Suarez: What about the issue of filtration ?Oid green cover, or grass cover, or whatever the terminology is? Mr. Rodriguez: You understand that the situation, the problem that we're having is, when you look at the families and the pattern of car ownership in the City, the cars will be parked then on the grass. You see, we're facing a situation that because of the way the City was developed, with very narrow lots, historically we have very small room really for parking. Mayor Suarez: You know, I have to tell you once again... This seems like something that was initiated by us? Commissioner Alonso: Actually it was on the books, it was never applied. Ms. Slazyk: It was in response... Mayor Suarez: I've... Ms. Slazyk: The seven and a half was never applied. 151 February 25, 1993 A_. Mayor Suarez: You have the neighborhood association, folks, I've got a bunch of people here on PZ-17, that I think.., item, that we told then we were going to try to take it around 6:00 p.m. I don't know that... ;- Ms. Slazyk: If the primary opposition is to the single-family, we Could go - back to the 60/40 in single family. But in the duplex lots, in particular, It's a real hardship the way the ordinance is written right now. Mr. Rodriguez: That might be a good way to approach it. Vice Mayor De Yurre: Yeah, but... t' Ms. Balanzategul-Garrido: May I crake a suggestion? � Vice Mayor De Yurre: Hold it. Let me ask... Mr. Rodriguez: Yes. Mayor Suarez: We have to be realistic about what we have in the City, too. Yes. Vice Mayor De Yurre: Let me ask... Now, can't we just provide... We're talking about parking, just provide, you know, the space, or you know, the concrete, so that the tires can over it, like many homes have or many properties have, as opposed to being a stab. Ms. Slazyk: Well, that's what we have and what happens is that, in most cases, that grass doesn't live. I mean, the cars pull up onto it. You have the concrete strips and it ends up being a... Mr. Rodriguez: Rundown. Ms. Slazyk: ...having a more detrimental aesthetic effect on the neighborhood than if they would just have a driveway. Vice Mayor De Yurre: But the issue is not so much aesthetics right now. What Is being discussed here is opposed to... Ms. Slazyk: The infil... Yeah. Vice Mayor De Yurre: ...environmental. Mayor Suarez: Infiltration of the water. Vice Mayor De Yurre: OK. Now, because I've seen properties that, I mean, like, there isn't one blade of grass on the property. Ms. Slazyk: Right. Those are illegal. We had a few before the Zoning Board looking for paved area variances. Those... The way the ordinance is written right now, it has to be 60140 or they get brought before Code Enforcement. Mayor Suarez: Is there any... 152 February 25, 1993 A., , d Vice Mayor De Yurre: And now you want to bring it down to what percentages? Ms. Siazyk: Well, for single family, we were talking about 50/50. For duplexes we were talking about 70/30 and for multi -families 80/20. Vice Mayor De Yurre: Basically, you're saying forget about the grass, with the multifamily. Ms. Siazyk: Well, you can see on the transparencies, the duplex.., this is what we have now on the left, and on the right, with the proposed amendments, that's what we would have. There's still grass area in the front. What we're going to get rid of is the strips in the duplex where it's a particular hardship. Mr. Rodriguez: In reality, Commissioner, it's not working in the City. I mean, that's part of the problem that we're facing. If the major objection is from the property owners in the single-family area, and since in that case you have a tittle bit more flexibility to work with the site, maybe the compromise could be in that particular area leave it at 40 and 60, and then follow our advice on the others. Vice Mayor De Yurre: Yeah. And yet... Commissioner Alonso: That's acceptable. Vice Mayor De Yurre: ...you know, I think that the same thing... if we're talking about environmental issues, the same thing applies to whether you live in a residential, whether you live in a duplex, or you live 1n an apartment building. You know, the environment is the environment for everyone, if that is what we're discussing. So, in that context there shouldn't be any difference among people, in general, as to where they live. Mr. Rodriguez: Right. But when you think... When you have a duplex site that is 50 feet wide and you try to fit there four parking spaces, the reality is that you have very little room to play around, you know. Commissioner Plummer: Well, make the duplex smaller. Mr. Rodriguez: It doesn't matter, the width is the same. You only have 50 feet to fit four cars. Ms. Slazyk: The buildable area stays the same. Commissioner Plummer: But you can make the duplex more narrow. You see, let me tell you... Mr. Rodriguez: And where will you put the cars? Commissioner Plummer: Let me tell you something. We're reaching a point in this town where we're running out of land and what we're seeing here...is the New York syndrome of trying to squeeze more in less. And I don't think that's the kind of community we want. If you want to live in New York and you like the New York syndrome, well get the hell out of Miami and go to New York. But when you try to take a lot and you try to build every square inch of the lot, 153 February 25, 1993 yeah, there's not going to be any room left for parking. There's not going to be any room left for landscaping. Aren't we... I mean, my God, we're blessed with a tropical climate, great landscaping, and here we are talking about asphalt? No. No. Mr. Rodriguez: Commissioner, I'm having a hard time... Commissioner Plummer: That's not my town. Mr. Rodriguez: I'm having a hard time arguing... Vice Mayor De Yurre: Sir, adjust the parking... Mr. Rodriguez: ...against you, because I agree with you that I would like to keep that area... Vice Mayor De Yurre: OK. Does the... Is the parking directly ralated to the number of bedrooms that you have in the units? Mr. Rodriguez: No. In the case of duplex, you need two... Ms. Slazyk: Two. Mr. Rodriguez: ...parking spaces per each unit. And since you have two units, you need... Vice Mayor Be Yurre: No matter if you have a one bedroom. Mr. Rodriguez: No matter. Ms. Slazyk: No matter. Commissioner Plummer: This is square footage, Vic. Mr. Rodriguez: No, in the cases of duplexes, it's a single family and a single family united... I mean, put together into one lot, you need two parking spaces per unit. You have two units, you have four parking spaces. And when you look at 50 foot width and you add the space of Each one of the parking spaces, you don't have that much room to play around. That's why we showed you the illustrations, because we tried to... Commissioner Plummer: The story is true. Do you want to see Hibiscus or Honda? Mr. Rodriguez: Is that a different kind of car? Hibiscus by Mitsubishi? Commissioner Plummer: Take your choice. OK. It will get you there just like a Rolls Royce, just not as much comfort. Mayor Suarez: We're getting all kinds of co ments from the peanut gallery here. Are you involved 1n this item, sir? Commissioner Alonso: I think that we should go... 154 February 25, 1993 Mayor Suarez: Are you involved in this item? Commissioner Alonso: ..,for the compromise that you suggested. Mayor Suarez: If you're involved in this item, I need you at one of the two microphones. All right? Thank you. All right, I don't know.,. Commissioner Alonso: 1'm... Mayor Suarez: ...if we should just end this... I'm sorry. Did we inquire? Commissioner Alonso: No, I'd like to move and go and follow the suggestion of Mr. Rodriguez, to the sense that we find a compromise with the single resident homes and I think that will be appropriate. If we don't do it, I think that what we're doing is we are affecting areas that desperately need to be removed the old structures and have new construction, and we will not have it, unless we go into this direction. As a matter of fact, it has been in the books for seven years. It was not applied. Somehow, someone found that in the books and started to apply the rule and created a problem. And I think that's why this is in front of us today. The reality has been for the last ten years it has been working the way we are proposing today, and we are just making legal something that has been done for the last ten. Commissioner Plummer: Well, that's what makes ball games... Commissioner Alonso: And it seems to me that if we preserve... Commissioner Plummer: I disagree. Commissioner Alonso: If we preserve the residential areas, the R-1, I think we'll be OK. Commissioner Plummer: I think residential is residential, commercial is commercial. Vice Mayor Be Yurre: Let me ask you something. Commissioner Plummer: And as far as I'm... Hey, I respect my colleague, let me tell you, and her opinion, and she's entitled to that. It just happens to differ from mine. Ms. Slazyk: But to apply the same standards whether it's single-family duplex and multifamily... Commmissioner Plummer: To me it's residential. People that live in a home, whether they have to rent an apartment or they own their own home, they're entitled to some comfort and some scenery that they can enjoy. And I just don't... You know, you build a little bit less house and you have a very comfortable surroundings, and let me tell you, it goes a long way for other problems. So, that's my opinion and I'm entitled to mine. Vice Mayor De Yurre: And let me make a point as to the aesthetic issue, that saying that the grassy area between the two concrete entryways are not well kept. Unfortunately, if you drive up and down duplex areas, you're going to 155 February 25, 1993 find that the grassy area between the $treat and the sidewalk, which is supposed to be green also, cars are parked all over the place and they leave a. hell of a lot to be desired. So, that doesn't really sway me. Mayor Suarez: The parkway, I found out it's called the parkway. Commissioner Plummer: The swale area. Mr. Rodriguez: Swale. Mayor Suarez: And swale. Vice Mayor Be Yurre: Yeah. Mayor Suarez: And it is typically where... Where you're talking about is where it doesn't have a curb, then it's wiped out by the cars, yes, in those crowded areas. Vice Mayor De Yurre: Yeah. Just everybody parks up there. Commissioner Plunmer: Well, you know, if you want to go to that extent, I'll tell you there is one other distinction that you can make very clearly, and = that 1s when the people who own the duplex live there, you don't have those problems. When the duplex, both units, are rented out, people really don't give a damn, it's not mine. You... Mayor Suarez: Don't give a hoot, right. Commissioner Plummer: You say, "hoot." I say, "damn." Vice Mayor De Yurre: It's a hoot -damn. Commissioner Plummer: loot -damn. Vice Mayor Be Yurre: Moot -damn. Commissioner Plummer: Hoot hoot. Mayor Suarez: All right. What do you want to do? Do you want to refer back to PAB (Planning Advisory Board) for further... Commissioner Plummer: That's fine with me, if you... Mayor Suarez: ...review or... Commissioner Plummer: That's fine with me. So move. Mayor Suarez: So moved. Cmnmissioner Alonso: Well, I actually moved... Commissioner Plummer: Oh, I'm sorry. 156 February 25, 1993 0 Lo Ro Commissioner Alonso: ...far approval. If I get a second, I'd like to see what happens. Mayor Suarez: OK. Is there any... Commissioner Alonso: And then, if not, you can move to send it back. Mayor Suarez: Strong... Strenuous objection to just approving it as proposed, because that's the initial motion we have... OK. Commissioner Alonso: With the... Yes, with the adjustments to the R-1. Mayor Suarez: Do the adjustments create a situation where we have to readvertise or no? Ms. Maer: The specific adjustment was with regard to R-1, leaving it as it is, and R-2, making the change? I believe you can go forward with it as it is, with that amendment, without having to go back to PAB. Commissioner Alonso: OK. Mayor Suarez: Grace and company, are we OK? All right. So moved. Do we have a second? Commissioner Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 908.10 "LIMITATIONS ON DRIVEWAYS AND OFFSTREET PARKING, AND LANDSCAPING REQUIREMENTS, IN REQUIRED YARDS ADJACENT TO STREETS" PROVIDING MINIMUM LANDSCAPING REQUIREMENTS IN SINGLE-FAMILY, TWO-FAMILY AND MULTI -FAMILY RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of September 24, 1992, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 157 February 25, 1993 L3 U The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-136 A RESOLUTION AUTHORIZING THE NON-EXCLUSIVE USE OF THE CURTIS PARK SPORTS STADIUM AND ITS FACILITIES BY INTERNATIONAL SOCCER LEAGUE OF MIAMI, INC. ON AN ONGOING BASIS FOR A ONE-YEAR PERIOD FOR THE PURPOSES OF CONDUCTING A COMMUNITY -BASED SOCCER PROGRAM; ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR SAID USE; AND AUTHORIZING THE CITY MANAGER TO ISSUE A PARK PERMIT, IM A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO SAID ORGANIZATION FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Plummer: Good night. Mayor Suarez: You've got most of what you want, sir. You just need to make sure we get a schedule. ---------------------------------------------------------- tOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA.] ---------------------------------------------------------- 258 February 25, 1993 0 Commissioner Plummer: First reading, I'll second it. 01 Mayor Suarez: Second. Any discussion? If not, please read the ordnance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE TEXT OF "ARTICLE 6, SECTION 614, SPECIAL DISTRICT 14, 14.1 AND 14.2, LATIN QUARTER COMMERCIAL RESIDENTIAL AND RESIDENTIAL DISTRICTS" TO REFLECT MODIFICATIONS AND LIMITATIONS IN THE PERMITTED PRINCIPAL USES AND STRUCTURES, CONDITIONAL PRINCIPAL AND ACCESSORY PERMITTED USES, PROPOSED SIGN LIMITATIONS AND SPECIAL PERMITS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Vice Mayor De Yurre and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 24. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT THE LATIN QUARTER SECTION OF THE PEQUENA HABANA (LITTLE HAVANA) NEIGHBORHOOD TO REFLECT: (a) DELETION OF SD-14.1 COMMERCIAL -RESIDENTIAL DISTRICT, AND (b) CHANGING SD-14.2 RESIDENTIAL DISTRICT TO READ AS SD-14.1 RESIDENTIAL DISTRICT (Applicant: Planning, Building & Zoning Dept.). Mayor Suarez: Item PZ-11 is related? Vice Mayor De Yurre: Move 11. Commissioner Alonso: Yes. 159 February 25, 1993 i rt Mayor Suarez: Moved. Seconded. Anyone wish to be heard against item PZ-11? Let the record reflect no one stepped forward. Read the ordinance, [AT THIS POINT, THE ASSISTANT CITY ATTORNEY READ THE RESOLUTION INTO THE RECORD BY TITLE ONLY.a Call the roll. - - Commissioner Plummer: Sergio... Can I ask Sergio why I noticed that one person voted against... Out of three ordinances, only one person voted against this one. Do you know why? Mr. Sergio Rodriguez (Assistant City Manager): I think he was concerned that we were approving changes in the Latin Quarter that might have... that were different from what was there before. What we're doing in the Latin Quarter in the cases of ten and 11, we're simplifying the ordinance considerably. But he was concerned... You know, he was originally in the first Latin Quarter process in which the ordinance was written and so on. But he voted then in favor of PZ-12. Commissioner Plummer: Very well, sir. Thank you. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE OFFICIAL ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE AREA GENERALLY KNOWN AS SPECIAL DISTRICT 14, 14.1 AND 14.2 LATIN QUARTER COMMERCIAL - RESIDENTIAL AND RESIDENTIAL DISTRICTS, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, TO REFLECT A DELETION OF THE SO-14.1 COMMERCIAL - RESIDENTIAL DISTRICT AND CHANGING THE SD-14.2 RESIDENTIAL DISTRICT TO READ AS SO-14.1 RESIDENTIAL DISTRICT; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Vice Mayor De Yurre and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 160 February 25, 1993 ------------------------------------------------------------------------------ 25. FIRST READING ORDINANCE: AMEND 11000 TEXT (ART. 6, SPECIAL DISTRICTS GENERAL PROVISIONS): (a) TO ALLOW AUTO CARE SERVICE CENTERS BY SPECIAL EXCEPTION IN SD-14 AND 14.1 DISTRICTS, AND (b) TO AMEND DEFINITION OF AUTO CARE SERVICE CENTER TO EXCLUDE THE DISPENSING OF FUELS -- DIRECT ADMINISTRATION TO CLARIFY LANGUAGE BY SECOND READING (Applicant: Planning, Building & Zoning Dept.). Mayor Suarez: PZ-12, related item. Does anybody wish to be heard against PZ- 12? Commissioner Plummer: Why is... Where is our problem here? Mayor Suarez: Cane up to the mike, please and be sworn in. Commissioner Plummer: I this the new... Does this relate to the new Pep Boys that's going up? Mr. Sergio Rodriguez (Assistant City Manager): No, no. Ms. Lourdes Slazyk: No, no. Mr. Rodriguez: That's out of the area. Yeah. Go ahead. Ms. Slazyk: Yeah. PZ-12 is an amendment to allow the auto -care service centers by special exception in SD-14. At the City Commission meeting of November 12th... Mrs. Zelma Starkey: It's not going to do any good. Ms. Slazyk: ...the Commission passed a motion instructing staff to prepare this amendment. Commissioner Plummer: OK. So, what will this allow? Ms. Slazyk: The auto -care service centers. We went ahead and amended... Commissioner Plummer: What is an auto... Is that a service station? Ms. Slazyk: It's... Commissioner Plummer: A garage? Mr. Rodriguez: No. Commissioner Plummer: What is an auto -care service station? Ms. Slazyk: No, they... No dispensing of fuels. else that can be done in a gas station... Commissioner Plummer: It can do mechanical repairs? 161 It does almost everything February 25, 1993 Commissioner Plummer: How do you differentiate between light and heavy s repairs? Ms. Slazyk: OK. Let me read the... Commissioner Plummer: Is there a definition? _ Ms. Slazyk: Yes. Yes, there is. _ Commissioner Plummer: One is ten pounds and the other is 100? Ms. Slazyk: OK. Well, we specifically excluded... auto -care service center, it says uses permissible at an auto -care service center do not include: "dispensing of fuel, major mechanical and body works, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles...' Commissioner Plummer: What the hell does it allow? - Ms. Slazyk: '...not in operating condition, operation of a commercial parking lot or commercial garages and accessory use, or other work involving undue noise, glare, fumes, smoke, traffic congestion or other characteristics to an = extent greater than normally found at properly operated automotive care service centers." And it goes on. Mr. Rodriguez: In other words, 1f I may, this is... to give you an example, this will allow the type of facilities that we have, such as Jiffy Lube types = in which they change your oil, or they do some minor... -- Commissioner Plummer: Yeah, I understand that, but does the world understand there is a difference between: light repair and heavy repairs, because what she just read to me really doesn't define it for me. Mayor Suarez: Otherwise, it's going to be an enforcement nightmare. Ms. Slazyk: All right. It says here the retails... Commissioner Plummer: You're not going to enforce it because, you know, are ' you talking about a transmission on a Honda or on a Rolls Royce? Is one light i and the other heavy? What's the difference? Mr. Rodriguez: Well, I guess, when we mention major... Commissioner Plummer: I move that this be deferred and sent back for ciarif... more clear definition. I don't think it's here. _f F Y _ Ms. Slazyk: Well, the... —_ Mayor Suarez: Who wants this? What... Who motivates the passage of this — ordinance? 162 February 25, 1993 Mr. Rodriguez: You requested us to bring it before you. Mayor Suarez: I remember one time, I think, in the Northwest area that we thought that... t� Mr. Rodriguez: I believe it was... If I... — Mayor Suarez: ...if we had a lot of people that were doing this kind of stuff, and that we... No? Commissioner Plummer: Yeah, but this is the Latin Quarter. Mr. Rodriguez: This was in the Latin Quarter, in Flagler Street, there was a particular area proposal... — Conmissioner Alonso: A vacant property. Mr. Rodriguez: ...and they were trying to get in that particular area, see if — they could allow some facilities of this nature. Commissioner Plummer: All right. well, here, let me do this for you, Mr. all Mayor. Let's approve it. It's first reading. Let's approve it. Mayor Suarez: OK. But we have to hear from... Commissioner Plumper: And then they can come... Mayor Suarez: ...the opponents. Commissioner Dawkins: Yeah. Commissioner Plummer: ...and explain to me a clearer definition of what is actually going to be able to be enforced, because what you read me, I can't. Mayor Suarez: OK. If we're going to be heading towards an approval on first hearing, now that we've heard Poore or less what it's about, you're going to speak, presumably, in favor. How about you, sir? Commissioner Plummer: If you speak favorably... Mayor Suarez: Ma'am? Commissioner Dawkins: OK. All right. Commissioner Plummer: ...I'm going to withdraw my motion. Commissioner Dawkins: OK. I need... Mayor Suarez: No, we've got... Commissioner Plummer: This is first reading, let's do it... Mayor Suarez: ...someone against... 163 February 25, 1993 Mrs. Starkey: I'd like to be heard. Mayor Suarez: ...and we've got to hear her. Commissioner Dawkins: I need to know... Commissioner Plummer: Oh, I'm sorry. Commissioner Dawkins: You told me all that can't be done. be done. Tell me what can Ms. Slazyk: OK. "Retail sale of batteries, tires, automobile...' Commissioner Dawkins: Beg your pardon? Repair what? Ms. Slazyk: "Retail sale of batteries, tires, automobile accessories, principally for automobile, or in connection with a private operation where = the general public is excluded from the use of the facilities, and where in addition, minor automotive services and repairs may be rendered and sales made. — Commissioner Plummer: Why would you... Commissioner Dawkins: Minor... Ms. Slazyk: And then it goes on to specifically exclude other... Commissioner Plummer: Why would you... batteries and not gas? 'Tires and not gas? Commissioner Dawkins: Minor automobile repair. Does that mean tune-ups? Ms. Slazyk: Yes. Commissioner Dawkins: OK. Does that mean, as J.L. Plummier said, transmissions? Mr. Rodriguez: No. Ms. Slazyk: No. Commissioner Dawkins: Why? Mr. Rodriguez: Because that's a major... Comrmissioner Plummer: But it doesn't say that. Commissioner Dawkins: What's major about servicing a transmission? It's major, if you replace the transmission. Mr. Rodriguez: Oh, I thought you were... Commissioner Dawkins: It's nothing... There's nothing major about servicing a transmission. 164 February 25, 1993 Mr. Rodriguez: I thought you were saying - I'm sorry, I misunderstood - about changing a transmission. No, if it is servicing, like changing the fluid or whatever, yeah, that would be minor and that would be allowed. Commissioner Plummer: Now you know how I feel about the ordinance. I'm confused also. Mr. Rodriguez: Well... Commissioner Dawkins: Now... Mrs. Starkey: May I voice my opinion? Mayor Suarez: Yeah. The Commissioner is inquiring. — Commissioner Plummer: You'll get your chance, Mrs... Mayor Suarez: We're getting to you. We're getting to you. And we're going to need to swear you in, too. — Commissioner Dawkins: OK. All right. Now, it's going to change your oil, - - change the transmission oil, what is going to happen to the oil that's changed =_ and all that? Mr. Rodriguez: They have to follow the requirements that are spelled out as to disposal of any hazardous fluids and oil, that are spelled out in the City and the County, and they would have to comply with that. Commissioner Dawkins: And you will see that that is enforced. Mr. Rodriguez: Well, yes. We will... like in every other place in the City where that is there. Commissioner Dawkins: No, no. I need... No, no. I will... I'll ask my question again. Is the Administration prepared to tell me that this will be adhered to and when there... if there is a violation, they will be shut down. Are you prepared to tell me that? Mr. Rodriguez: Depending on the violation, we could either shut them down or give them a fine, whatever the situation might be. Commissioner Dawkins: I'm going to ask my question again. OK. And I'll ask the Law Department. Can this, if it's passed, be passed with the recommendation that in the event that this place becomes environmentally unsound, that 1t is shut down? Ms. Maer: Sir, as you stated it, I don't believe you can add that as a condition to the ordinance. What would happen is... Commissioner Dawkins: OK. All right. That's all I need to know and I can vote no and kill the ordinance, right? OK. Thank you. Go right ahead. 165 February 25, 1993 Commissioner Dawkins: Yes. Mr. Rodriguez: Because this is permitted by a special exception, maybe what we can do is establish criteria by which environmental concerns will be heavily taken into account in making a determination if a particular use of this nature will be allowed. Commissioner Dawkins: I hear you, but after having been here for 12 years, I find when you do not put in that this 1s permanent, it gets changed. We sit here daily and give out zoning variances for covenants and three years later, we come back and lift the covenant. Now, had we said at the beginning that if the covenant is ever changed, the land will revert back to its original use, you would not have anybody trying to change it. Mr. Rodriguez: No, I agree. But I really... what to do. Commissioner Plummer: I still... Have you had your say yet? Mrs. Starkey: No, sir. I have not. Commissioner Plummer: You're on. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mrs. Starkey: I do. My name is Mrs. Zelma Starkey. I reside at 200 SW 50th Avenue. I own and have owned for many, many years, since in the 150s, property at 842 and 844 SW 14th Avenue. directly behind... Commissioner Plummer: Nobody knows that better than I do. Mrs. Starkey: ...directly behind the McDonalds. I have been involved with Little Havana ever since. Commissioner Plummer: Oh, 1s that a true statement) Ms. Starkey: Little Havana was originally started out as a tourist attraction Latin Quarter, like the French Quarter in New Orleans. I, as owner, must adhere to the Latin Quarter requirements. I must go before the Latin Quarter Zoning Board. I must paint my house according to the colors that they require. I must do everything according to the Latin Quarter. I do not really believe that Jiffy Lube or services of the ilk would... Mayor Suarez: What service did you say? Mrs. Starkey: Jiffy Lube. Mayor Suarez: Jiffy Lube. Commissioner Dawkins: Jiffy Lube. 166 February 25, 1993 Mayor Suarez: It was bad enough when he said it before and I couldn't figure out what he was... OK. Mrs. Starkey: I don't think that Jiffy Lube is the type of business that you want to bring tourists to. When I have to apply to the Zoning Code in the Latin Quarter, it was originally started as a tourist attraction. There are buses that come down there and come with tourists. I really don't think that a Jiffy Lube is the type of attraction that you want to bring tourists to the Latin Quarter and that is my opinion. Mayor Suarez: I guess the argument... Because I think your argument is very cogent, very correct. I guess the argument is that if we have some abandoned, or empty lots, or sort of dilapidated buildings, that tourists won't come there at all. And at least allowing this might lead to, might induce the fixing up of a particular facility and having a nice, fairly well -kept business. The question is, is a Jiffy Lube something that we want to have in an area we want to showcase and that's interesting. Mrs. Starkey: Well, if you ride up and down SW 8th Street, you will see that there are many abandoned lots. Mayor Suarez: That's why. Mrs. Starkey: There are many businesses that have gone out of business that aren't tourist attractions. Mayor Suarez: That's why... Mrs. Starkey: Why put something else in there that is strictly going to be detrimental to the area? Mayor Suarez: No, what I'm saying is the worst thing for the tourists is those empty, awful looking lots. That mould be the argument and I think that's going to be your argument, I have a feeling. Give us your name. Was he sworn in? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Aurelio Vigil: I do. My name is Aurelio Vigil. Mayor Suarez: There has been a prejudice over the centuries about the left hand versus the right hand, but... Mr. Vigil: Oh, excuse me. Mayor Suarez: No, we don't. We don't. Do we hear from the people in favor, or are you going to sort of railroad this through, Commissioner, having heard the opponents viewpoints and then hear more argument on second reading? Commissioner Plummer: Well, that was my intent, that we would hear the full text on the second hearing. 167 February 25, 1993 Mr. Virgilio Perez: Mr. Mayor, my name is Virgilio Perez. We're willing... Mayor Suarez: You swore with both hands, right? Mr. Perez: Yes, I did. We're willing to have the argument with the second reading because we have worked very diligently with your staff and I think = will be the appropriate arguments. Maybe we can... Conmmissioner Plummer: Are you for or against this ordinance? Mr. Perez: I am for the... I am representing here... Commissioner Plummer: Well, then sit down and be quiet. Mayor Suarez: I've got a question because I don't know how many votes you've -_ got here on this, but is your intention, sir, to do something like what that lady was calling a Jiffy !ube? Mr. Vigil: Yeah. I've been trying to do that for the last two years. In fact, the present business I have now is in Chapter 11 bankruptcy. And I'm a _ certified general mechanic and I want to open a small repair garage and there Is a... Mayor Suarez: You're a mechanic yourself? You're going to do it? Mr. Vigil: Yes, I'm a certified general... By the way, there 1s a very distinct... Mayor Suarez: I thought there weren't any more in the entire world. That's great. Mr. Vigil: Oh, there are,. Mayor Suarez: And you're actually going to fix cars. If we take them there to —what area? Mr. Vigil: Absolutely. And there is a very... Mr. Plummer's question - there is a very... distinction between minor repairs and major repairs. Commissioner Plummer: Yeah. The dollar amount. Mr. Vigil: No, sir. Well, no mine... They're all... Commissioner Plummer: To me that's the difference. Mr. Vigil: They're all major as far as dollar amount. Mayor Suarez: In this case, knowing the way he is, they're all major, but yeah. Mr. Vigil: They're all major, as far as dollar... Commissioner Plummer: Anything over two dollars is a biggie. 168 February 25, 1993 E Mayor Suarez: I gold you. a Mr. Vigil: Anything that requires removal of the major... your car warranty tells you what's major - engine, transmission and drive train are major and all the other components are minor. If you look at your warranty book in your car, it tells you that after a certain number of miles, only major components are covered and drive train is the... Mayor Suarez: OK. But see that's from the insurance standpoint. You heard some Commission... Mr. Vigil: No, no. Not from insurance, that's... Mayor Suarez: Wait. You heard one of the Commissioners suggest that there were some aspects of what otherwise sound like minor - and I think the lady probably has that concern, too - that have environmental implications... Commissioner Plummer: Thank you. Mayor Suarez: ...because you're changing fluids and you're disposing. Hopefully, nowadays, nobody does anything with used oil, other than.., or lubricant, other than take it back to be refined and otherwise recycled, because you can't do very much else with it any more, I don't think. Mr. Vigil: The thing in question here is not whether... what they're going to do with the... Any auto repair center anywhere in the City has to meet the EPA (Environmental Protection Agency) standards - anywhere in the Country. You can't just dump oil, you can't even change oil in your backyard. Mayor Suarez: Yeah. But we don't have all kinds of inspectors, neither does EPA. That's what the Commissioner is... Mr. Vigil: I understand, but are you going to stop auto repair centers in the whole City? Mayor Suarez: Why do you overstate your argument? You're doing really well. Commissioner Plummer: Sir, you... Commissioner Dawkins: No, I may not, but why should I add another one? Mr. Vigil: Because... Commissioner Plummer: Your problem... Commissioner Dawkins: Wait a minute, now. You said, am I going to stop them all? Mr. Vigil: How did you get here tonight? Commissioner Dawkins: Well, I said, maybe not. But I can also... But you said... Maybe not. 169 February 25, 1993 - Mr. Vigil: Now did you get here tonight? Commissioner Dawkins: But I can stop one more. Mr. Vigil: Do you drive a bicycle. Commissioner Dawkins: I can stop one more, because all.. Mr. Vigil: That's... Commissioner Dawkins: one. ...the others can service my car. I don't need another Mr. Vigil: That argument is... Commissioner Dawkins: See, that's... But your argument doesn't make sense. Mayor Suarez: Fidel Castro's solution to the transportation problem in Cuba is to ride bicycles, so maybe that's where we're headed here. Mr. Vigil: The major point is that the Latin Quarter needs businesses, in general. OK? And we need to put anything in there that's reasonable and realistic. Mayor Suarez: That's the other argument that we were making at the beginning. Mr. Vigil: OK. And that's... — Mayor Suarez: That's a much better argument. Mr. Vigil: And that's the major argument, whether... Mayor Suarez: All right. But don't ask Commissioners if they want to drive bikes. That's not a good way to argue your case. All right. You're still... Commissioner Plummer: Once again, I move it... Mayor Suarez: So moved. Commissioner Plummer: ...subject to asking the Administration to clarify, for the purposes of enforcernent in the future, should it pass in second reading, be more delineation between major and minor repairs. Mayor Suarez: So moved. Second. Commissioner Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I agree with the gentleman, the area does need businesses to revitalize the area. But we also need to think in terms of what's a sound business and what is not. Now, if you're willing to invest your money in the area, we're willing to help you, but we also must think in terms of what's compatible and how compatible you will be with the area. That's all. 170 February 25, 1993 E-1 f Mayor Suarez: OK. We have a motion and a second. Any further discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING: "ARTICLE 6, SPECIAL DISTRICTS GENERAL PROVISIONS", TO ALLOW AUTO CARE SERVICE CENTERS BY SPECIAL. EXCEPTION IN SD-14 AND SD-14.1 LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICTS AND AMENDING ARTICLE 25 "DEFINITIONS" TO AMEND THE DEFINITION FOR AUTO CARE SERVICE CENTERS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Vice Mayor De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. -------------------------------------------------------------------- 26. DISCUSS AND REFER BACK TO PLANNING AND ZONING BOARD (FOR FURTHER CLARIFICATION) PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT (ART. 4, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, AND ART. 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SEC. 937 ADULT ENTERTAINMENT AND ADULT SERVICES) -- TO PROVIDE AN EXCEPTION FOR SALE / LEASE OF LIMITED ADULT ENTERTAINMENT MATERIAL -- REQUEST PLANNING ADVISORY BOARD (PAB) TO: (a) CLARIFY OBSCENITY, AND (5) CLARIFY HOW LAWS CONTROLLING OBSCENITY CAN BE ENFORCED (Applicant: Planning, Building & Zoning Dept.). ------------------------------------------------------------------------------ Mayor Suarez: Now we have.. Do we have anyone here on item 13? Commissioner Alonso: Oh, yes. Mayor Suarez: All right. PZ-13. =�1 171 February 25, 1993 -i Mayor Suarez: Is 14 related? Mr. Sergio Rodriguez (Assistant City Manager): No. Ms. Slazyk: No. PZ-13 is a proposed amendment which was recommended for approval by the Planning Advisory Board to the ordinance regarding provision of an exception for the sale and lease of limited adult entertainment material, as an accessory use in the C-1 zoning district, with restrictions and limitations. As you may recall, at the meeting of May 28th, a less restrictive version of this ordinance was presented. After some discussion, it was sent back to staff in the Law Department for further revisions. The differences between what was presented last year and tonight are that we've added limitations regarding security and we included the provision for a class two special permit. The department feels that by adding the class two special permit, we have a mechanism by which each case will be reviewed on a one -by - one basis for the appropriateness in that neighborhood and that conditions can be attached. It is also a mechanism by which the neighborhood can appeal and go on to the Zoning Board and Commission again, on a case -by -case basis,, It wouldn't hold up the typical 7-11 or video stores. What it will... They can get their class two and in a case where a neighborhood has a particular objection, they may appeal and come on through the boards. And conditions can be attached above and beyond conditions that are already in the ordinance. Mayor Suarez: OK. Who is going to speak for and against? Please be sworn in. Commissioner Alonso: No, no. Mayor Suarez: NO, LEVANTA LA NANO PARA QUE LE... Mr. Henry Betancourt: OK. My name is Henry... AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Betancourt: I do. My name is Henry Betancourt. I live at 519 NE 29th Street, Miami . I'm here as the director of the Democratic League of Miami, Dade County and this is my message to the Mayor... Commissioner Plummer: Who is in favor? Mr. Betancourt: ...and Commissioners of the City of Miami. Dear Mr. Mayor and Commission... Commissioner Plummer: Excuse me, sir. Mr. Betancourt: Yes. Commissioner Plummer: Excuse me for one moment. Who is in favor of this? 172 February 25, 1993 Mr. Rodriguez: happened? fir k gf� �.�.s > a Do you want Me to go a little bit on the history of what has Commissioner Plummer: No, sir. I'm asking a simple question. Who is in favor of this? You are? I mean, you're for this ordinance? Mel1n? Does your hand up mean yes? OK. I'm sorry. Go ahead. I didn't think there was anybody here in favor of it. I'm sorry. Commissioner Alonso: Are they going to speak, the ones in favor? Commissioner Plummer: Proceed, sir. I'm sorry. Mr. 6etancourt: Can I continue? OK. Mayor Suarez: Are you going to sit in the back and wait for the matter to be discussed? Or are you going to speak at some point, Steve and company... clients? I presume by your standing up that you are going to argue and speak and address it. Mr. Steven Helfman: I just wanted to make sure that my comment was on the record, that I didn't from the back of the room. Mayor Suarez: Oh. Mr. Helfman: Yes, I... Mayor Suarez: Put the name, please, Steve. Mr. Helfman: Sure. Steven Helfman, 2665 South Bayshore and I may speak on the item as I understand that this is the department's item. And we support this amendment to the Code. Mayor Suarez: Go ahead, sir. Mr. Betancourt: OK. Dear Mr. Mayor and Commissioners, we want to share with you our concern about the possibility that Zoning Ordinance 11000 of the City of Miami may be amended to allow the sale and/or rental of adult sexual materials and services in C-1 areas. As official political organization, actively engaged in the public arena, we are eeen yy aware of the need to protect our community's right to place restriction on the use of property and it is in this sense that we oppose any attempt to circumvent that right by amendment such as the one in question. We trust all of you will see the wisdom of keeping adult sexual materials and services out of C-1 areas in order to maintain, if not enhance, the quality of life of our families and ourselves. Without a doubt, the majority of the residents of Miami want a wholesome City in which to live and expanding the zone wherein the traffic of adult sexual materials, pornography, in most cases, can take place will cause immeasurable harm to our community's well-being and most especially that of our children. After careful review of the amendment in question, we have reached the conclusion that the ostensible protection it gives the appearance of providing are nothing more than a thin smoke screen employed to cover up the total evisceration of the ordinance. Knowing that the Commission would find it most difficult to do away with the ordinance entirely, the interest pushing this amendment on us have very astutely understood that rather than 173 February 25, 1993 propose the total elimination of the ordinance. It is easier to weaken its enforceability to the point where it would be a mere shadow of what the ordinance was intended to be. Needless to say, we are not fooled by this attempt to dilute the ordinance provision for the benefit of those who would traffic in anything that would bring in cash, regardless of the destructive social consequence which it may cause or it may be associated with. Let us not permit the traffickers in adult sexual material to expand to C-1 areas. Let us renew our commitment to improving the quality of life in Miami and provide our children with a City in which we can all be proud. We hope we have your support in keeping Ordinance 11000 as it is, in assuring that it is effectively enforced and that its violators are prosecuted. Thank you for your support and your continued interest in the welfare of all Miami. Henry Betancourt as the Democratic League of Miami. Mayor Suarez: Thank you, sir. Mr. Betancourt: Thank you. Mayor Suarez: Are you going to add anything to that or are you going to say ditto? Mr. Eladio Armesto Garcia: Ditto to him. I have my... something that I want to say, but I'd like the ladies first. Mayor Suarez: Either way. Go ahead. I mean... Mr. Garcia: I mean... Mayor Suarez: Were you together... Mr. Garcia: No. Mayor Suarez: ...so that we may take note. Mr. Garcia: No, as a... I have a letter for... Mayor Suarez: Eladio... Mr. Garcia: ...each of the Commissioners. Mayor Suarez: Because their recommendation, I gather, is sort of a mixed one. Right? Ms. Slazyk: A special exception. Mayor Suarez: Right. You want a procedure... Mr. Garcia: OK. OK, I'll give you a copy. Mr. Rodriguez: We need to read it. Mayor Suarez: Sorry, it bas been a while we've been dealing with you and your dad and I forgot to recognize your dad's election as state representative... newly elected... Yeah, 174 February 25, 1993 Mr. Garcia: I cme here representing a total of five members of the City of = Miami's Planning Advisory Board that are vehemently opposed to this amendment .� of Ordinance 11000. Commissioner Plu comer: Hold it, hold it. You can't do that legally. You — can't represent... Mr. Garcia: All right. Commissioner Plummer: ...somebody else. You can come here as an individual, a citizen of the community, and speak about any subject you want. But you =- can't cone here representing others who are members of a board. They have to come here... Mr. Garcia: They have authorized me to do that and I have spoken with them. Mr. Tucker Gibbs: It's a violation of the Sunshine law if they did. — Commissioner Plummer: You still can't do it. Mr. Garcia: But that's... Mr. Gibbs: Excuse me. Mayor Suarez: Wait, wait, Mr. Gibbs. I mean, this is not the end of the world. Commissioner Plummer: So, you... But you car, say anything you want as a member of the community. Mr. Garcia: ©K. Mayor Suarez: If the board has taken a vote in any way, or has taken any position... Commissioner Plummer: It's so reflected in our agenda. Mayor Suarez: ...it will be... It is reflected in our agenda. Commissioner Plummer: It's reflected in our agenda. Mr. Rodriguez: And the vote... Mayor Suarez: OK. And you can certainly relate to us... Mr. Garcia: OK. Mayor Suarez: ..what took place at that meeting and et cetera. Mr. Garcia: Miss ©fella Fernandez Tabares, Mr. Peter Gonzalez, Mr. dilly Gort and Mr. Peter Lopez... Commissioner Plummer: He can't do that. 175 February 25, 1993 El Mr. Garcia: ...have in my... in conversations that I have had with them, asked me that I should come here and express to the Commission the fact that we feel that this amendment is detrimental to the interests of our City. But aside from that, I have a letter which I would like to read into the record, which is from State Representative Eladio Armesto Garcia, which reads as follows: "Dear Mayor and Commissioners, I am thankful to the Commission and especially to Commissioner J.L. Plummer for giving the opportunity to serve my fellow Miamians as a member of the City's Planning Advisory Board for over ten years. During this time, I have consistently defended our community's best interests and our legitimate right to secure our prosperity and well-being through intelligent land -use planning, common sense zoning and diligent enforcement of our Building and Zoning Code. You have before you a proposal to amend a section of the Code which excludes the sale of adult sexual materials and services from C-1 pones. Today I join other fellow Miamians concerned about the quality of life in our City, in asking you to retain unchanged our Zoning Code's restrictions with respect to the sale and/or rental of adult sexual materials and services. The people of Miami have an inalienable right to determine how property within the limits of their City may or may not be used. This right includes excluding the sale and/or rental of adult sexual materials and services from C-1 zones. By permitting, albeit with restrictions, a use Miamians have already decided they do not desire in C-1 zones, the amendment makes a mockery of the right of the people of Miami to secure their prosperity and well-being, through the enactment of a perfectly valid zoning ordinance. Furthermore, the amendment is a capitulation to the greedy and selfish interests of money... a money hungry few, whose contempt for the will of the people of Miami is evident from their willful violation of our zoning laws. It has never been good public policy to amend laws in order to appease those who violate them. It appears to many of us that violators of this ordinance should be prosecuted, not given a loophole through which to continue their illegal activity. Do not be fooled by those who would have us think that this zoning ordinance has to do with the first amendment to the Constitution. It does not. It has to do with our right to determine what use may or, may not be given to a property located in a certain zone. The amendment now before the Commission is a loophole that will diminish the ordinance enforcement feasibility and will bring nothing but contempt for whatever would be left of the ordinance it amends. In practical terms, considering the enormous demands currently made on our Code Enforcement officers, it is unrealistic to expect them to visit...with a tape measure, businesses, in order to determine compliance with the amendments completely irrelevant square feet of space requirements. One thing, however, should be perfectly clear. Approval of this amendment will, for all practical purposes, doom code enforcement in the area of adult sexual materials. Do not allow those who disregard the welfare of our children and hold in contempt the values of our coimunity to get their foot in the door. We already have many areas where adult sexual materials and services can be freely sold or rented 1n the City of Miami. There is no need or valid reason to expand this activity to C-1 areas. Zoning Code violators should be prosecuted, not appeased. Our zoning ordinances should be enforced, not circumvented. Our rights as Miamians should be upheld in the face of those who would trample upon them. As a member of the Planning Advisory Board, as a State legislator, but moreover, as a citizen and a taxpayer of the City of Miami, I respectfully ask you, as our elected leaders, to uphold Ordinance 11000 as it presently stands, as well as to ask you to continue to uphold zoning laws that reflect our community's values. Very truly yours, Eladio Armesto Garcia." 176 February 25, 1993 Mayor 5uarev Very good. Mr. Garcia: And I would add, on my own behalf, that there are more than sufficient areas in the City of Miami for people who want to traffic in adult sexual materials or... otherwise known as pornography, to sell their wares. I don't think that it's in the best interest of our families and our children to expand this into C-1 areas. If they want to sell it, fine. They can do it within City limits, but let thorn do it within those areas that are already designated for that type of activity. Mayor Suarez: All right. That's... Mr. Garcia: Thank you. Mayor Suarez: ...pretty much what the letter said in its next to last paragraph. yes. Ms. Graciela Balanzategul-Garrido: Graciela... Do I have to go through the whole name thing again? Mayor Suarez: What? Ms. Balanzategui-Garrido: Do I have to go through the whole name thing again... Mayor Suarez: No, no. Ms. Balanzategui-Garrido: ...into the record? OK. I'm speaking on behalf of Coral Gate Homeowner's Association at our April 21... Mayor Suarez: Well, give your last name. I said Graciela. I don't even want to try to pronounce it, but the swearing in and all that... Ms. Balanzategui-Garrido: Balanzategui-Garrido. Mayor Suarez: There you go. Ms. Balanzategul-Garrido: OK. At the April 21st meeting of the Coral Gate Homeowner's Association we discussed this and a motion was passed to be completely opposed to this. OK. Secondly, I need to point out a deficiency. The way the ordinance is written... the change is written, it doesn't include the words Rmaterial is to be viewed off the premises." So, we could have material being played on the premises, as to let's see what you're going to take home before you take it home. Or, I could envision those wonderful screens that Blockbuster has, you know, with little movies playing. We could Just see that in with this adult material. And the other thing that I would like to suggest is, perhaps, a reasonable compromise is to make this under special exception only. That way the surrounding community would be notified, they would know what's going to happen, and they would have a chance to voice their opposition to it or their approval of it before or instead of an appeal which, as you know, is also costly. OK? Thank you very much. 177 February 25, 1993 l Mayor Suarez: OK. We've heard a lot from people who are against. Now we're going to hear from 'fucker Gibbs his interpretation of the Sunshine Law. Yes, sir. - Mr. Gibbs: I'm not going to... I don't seek to give my interpretation of the Sunshine Law. Mayor Suarez: Good. Because that doesn't sound to me like there is any issue of the Sunshine Law whatsoever, but... Mr. Gibbs: Well, that's OK. Because I'm not your City Attorney, but Mr. Joel Maxwell is. And what I'd like to know... Mayor Suarez: And by the,way, we don't stand here as a board that has to rule on the Sunshine Lary... Mr. Gibbs: You certainly don't. Mayor Suarez: ...except as it applies to us. Mr. Gibbs: You certainly don't. Mayor Suarez: There you go. Mr. Gibbs: But I'd like to ask the City Attorney if a discussion between... outside a meeting, because what Mr. Armesto Garcia presented to you was not discussed by those five members at a board meeting. He was not... Mayor Suarez: Well, he has apparently indicated... Mr. Gibbs: Excuse me. Mayor Suarez: ...that he has gotten some private communication from them that says that they are against, in addition to, I think, some kind of discussion �. at the board meeting... Mr. Gibbs: He got the letter, but he said, "in his discussions with members." And the question is, did he discuss this outside a publicly noticed sheeting? Mayor Suarez: How would that affect our proceedings today? Mr. Gibbs: I'm asking this... I'm asking the City Attorney. Commissioner Aionso: I think what he said was, "they approached me and asked me to come here and convey the feeling of the board." Mr. Gibbs: Right. And my question for the City Attorney, is that a violation of the Sunshine Law? Mayor Suarez: Why should we take that up today? ` Mr. Gibbs: Well, I'm just asking on the public record, because I'm sure that people in the public of Miami would like p to know if members of boards are meeting, without public notice, to deal with public issues. ( 178 February 25, 1993 Mr. Gibbs: Well, that's ©K. The City Attorney is the one who is... Mayor Suarez: But... No, no. The City Attorney is here to rule on our - proceedings... Mr. Gibbs: OK. Mayor Suarez: ...not to get involved in whether he and his cohorts may or may not have violated the Sunshine Law as you interpret it. _ Mr. Gibbs: OK. As... I'm not interpreting it. I'm asking the question and as the Vice Chairman of the Planning Advisory Board... Mayor Suarez: Well, I don't know. Mr. Gibbs: ...I'm going to ask the question at the next PAO (Planning Advisory Board) meeting, which is going to be... Mayor Suarez: That may very well be relevant. Mr. Gibbs: OK. Mayor Suarez: I suggest though that you think about it carefully, because what you've got is a group... certain individuals who happen to be members of a certain board... Maybe the mistake that he made is to make it sound like he's somehow speaking on behalf of the board. Maybe that's what bothers you. Mr. Gibbs: No. That... Mayor Suarez: Because if he asked individuals if he can speak on their behalf at this session of this Commission to influence us, I can't imagine that the Sunshine Law ever meant to impede that. Mr. Gibbs: OK. Mayor Suarez: That would really create a problem in the carrying out of government functions. Mr. Gibbs: OK. Well... Mayor Suarez: And if it meant to impede that, we ought to amend it right quickly. But... Mr. Gibbs: OK. Well, the point I'm trying to make is - and I'm going to give you an alternative point of view and that vote passed at the Planning Advisory Board... Mayor Suarez: Very good. Mr. Gibbs: ...and that is that this... 179 February 25, 1993 Mayor Suarez: Yeah. That clarification we need... Mr. Gibbs: ...that this... Mayor Suarez: ...because there was some impression given otherwise. Mr. Gibbs: Right. ...that this ordinance was done because there is a serious problem. And the example that was given at the PA® meeting is that in C-1 districts - Coconut Grove, downtown Coconut Grove being a C-1 district with an SD-2 overlay - the movie... any R-rated movie would not be able to be shown at the Cocowalk theatres, right now, under the ordinance as it stands. That is a problem under the current ordinance. I think that is a problem that this amendment is seeking to solve. Mayor Suarez: OK. Let me... I think it's worth clarification. Do we deem that at present, Cocowalk, under the existing ordinance, theatres there cannot show R rated movies. Mr. Rodriguez: Right. Mayor Suarez: If that's the case, I've got a real problem, because... Mr. Rodriguez: Unless we correct the ordinance, they cannot show any movie that would show any body parts which are... Mr. Gibbs: Any bare rear ends, that's right. Mr. Rodriguez: ...usually covered. Commissioner Plummer: Wait, wait. Commissioner Alonso: How come... like this. Commissioner Plummer: What are bare body parts? You're speaking to a funeral director. Mr. Gibbs: Doris? Mr. Rodriguez: I'm sorry. I don't want to get... I can te11 you the portions of the ordinance that refer to specified anatomical areas that will not be able to be shown. Commissioner Plummer: And who is the censor? - Mr. Gibbs: The City of Miami. Mr. Rodriguez: That's precisely the situation that we have... Mr. Gibbs: The City of Miami. Mr. Rodriguez: ...that the way it is defined in the ordinance, if the movies were to be shown, or if you were to have any magazine that would show any nude part of the body that is usually covered... 180 February 25, 1993 Commissioner Plummer: Sexy parts. — Mr. Rodriguez: Genitals and buttocks. — Mayor Suarez: And that's what the ordinance would provide... I mean, would prevent or preclude if it stayed on the books as it now reads? Commissioner Plummer: Yeah. But, Mr. Mayor... Mr. Rodriguez: Right. Mayor Suarez: There's a classic case, if I may so... Commissioner Plummer: If it... Mayor Suarez: ...a classic case of a situation where community standards are shifting and there is no need for any new ordinance whatsoever, in my view, but... _ Mr. Rodriguez: No, but I don't know if I'm clear. Commissioner Plummer: Yeah. But, whoa, whoa. Mr. Rodriguez: Let me try to help... Commissioner Plummer: If you're saying that you can't show an R-rated... Mr. Gibbs: PG. Commissioner Plummer: Y..you're..• Mr. Gibbs: PGI Come on! Commissioner Plummer: Excuse me. ...R-rated, you are closing almost every theatre in this town. Mr. Rodriguez: I agree. Mr. Gibbs: You've got it. Commissioner Plummer: I thought you told me... Mr. Gibbs: You've got it. Commissioner Plummer: ...this addressed the X-rated. Mr. Rodriguez: The... Let me try to explain, because he's completely... Commissioner Plummer: Is this like between the light repair and the heavy repair? What is X-rated and what is R-rated? Because there is a difference in the price of the two. Mr. Rodriguez; I haven't paid for the heavy repair yet, so... Let me tell you what is happening, Mr... 181 February 25, 1993 Commissioner Plummer: Hey... Mr. Rodriguez: What we're saying with this is if we don't do something about the way the ordinance reads now, places which are now presently C-1 will not be able, unless we clarify it, to show any R-rated movies or PG -movie in which there is any nudity. Commissioner Plummer: Well, what about the new movies now that they're called... What are they? NR-17? Mr. Gibbs: Forget that. Mr. Rodriguez: That is... of course. Commissioner Plummer: NC-17. Not rated. Mr. Rodriguez: That wouldn't be allowed either. Commissioner Alonso: How in the world did we get away with this for such a tong time? Mr. Rodriguez: Because we didn't have anybody in any video stores... Mr. Gibbs: Cited. Mr. Rodriguez: ...trying to test, I guess, the law, by trying to sell other material. Commissioner Alonso: So... Mayor Suarez: Do we have anybody now trying to test it? Mr. Rodriguez: Yes. Commissioner Alonso: Yes, the gentleman standing behind these three ladies. Mr. Rodriguez: That's the reason why we have this. Otherwise, we wouldn't have it. Believe me. Ms. Slazyk: The history of this was there was a violation at West Coast Video and an interpretation was issued by the Zoning Administrator and that's being challenged. What we're trying to do with this is correct a deficiency in the ordinance, a loophole that Test Coast Videos and 7-11s and many other establishments in the City haven't been caught. Until there is a specific complaint and a violation... it wasn't something we go to every 7-11 to enforce. Commissioner Alonso: I have no problems going along with this ordinance, you know. Maybe we should have a better community and not show some of these things. Why not? Mayor Suarez: That's the existing ordinance. 182 February 25, 1993 Mr. Rodriguez: No. Commissioner Alonso: What we have in effect now. Mr. Rodriguez: If you think... Commissioner Alonso: Apply what we have in the books. Mr. Rodriguez: If you leave things the way they are, what will happen is that it will be difficult to allow... not to allow in a video store... Commissioner Alonso: Pornography. Mr. Rodriguez: ...or movies which are R-rated, or PG-13, if they show nudity. Or if you have in a 7-11 type of a store, or any magazine like Cosmopolitan... Mr. Gibbs: Sergio Rodriguez. Mr. Rodriguez: ...that might have a nude woman... I'm trying to give you an —_ example. Mayor Suarez: Or a nude man. Commissioner Alonso: Or a man. Mr. Rodriguez: Or a man, you know. I don't know what they show in... Commissioner Plummer: Careful. Mr. Gibbs: Watch out. Commissioner Plummer: Careful, they're going to talk about you. Mr. Rodriguez: What can I say? But that's the problem, you know, that we are facing a situation that we are being challenged by the lawyers of a video store, because we're enforcing... =j Mayor Suarez: This is a rental video store? I mean, where you... -=' Mr. Rodriguez: It's a rental video store. Mayor Suarez: Why does it sound like you're couching all discussion in terms of movie theatres which actually show movies as opposed to rental. Mr. Gibbs: It applies to all... Exactly. t Mayor Suarez: Is there any different standard typically applied by our zoning ordinances to those kinds of materials that you can rent versus those that are exhibited right on the premises? Mr. Rodriguez: Well, the problem is in the definition of what is allowed, and the definition of specified anatomical areas in the ordinance, and specified sexual activities in the ordinance will cover what... 183 February 25, 1993 . "` M, Mayor Suarez: Whether it's exhibited right on the premises or sold, Mr. Rodriguez: Right. Mayor Suarez: Does it affect our zoning consideration whether sc comes and rents a movie, versus whether the movie is exhibited and advertised, et cetera? Commissioner Plummer: Well, I'll give you a better one. How are yi make... Excuse me. How are you going to make a determination whi is R-rated based on just violence? OK? Ms. Slazyk: But that wouldn't violate, because it doesn't... Commissioner Plummer: But how are you going to know that? Mr. Rodriguez: We... We're not even... Commissioner Plummer: How are you going to know when a movie because of obscene language... Mr. Rodriguez: 'We're not dealing with the... Commissioner Plummer: ...that's not showing any... He's saying... Mayor Suarez: No, when he meant... J.L., when he meant R-rated,R- rated in the sense of the kinds of... Commissioner Plummer: He's speaking about... Mayor Suarez: ...sexual depictions, et cetera... Commissioner Plummer: ...nudity. Mayor Suarez: ...that are in R-rated movies. Mr. Rodriguez: Right. Commissioner Plummer: He's... Mayor Suarez: Not that R-rated movies per se. Mr. Rodriguez: Right. Commissioner Plummer: It's not the... Mayor Suarez: That was a... Mr. Rodriguez: As an example. Yeah. Mayor Suarez: Yeah. That was a... not well stated. 184 February 25, 1993 —t Mr. Rodriguez: Just to give you an idea of the type of movies that you see nowadays in movie theatres, but in reality... Mayor Suarez: But in a sense his Question goes to a very interesting point. Suppose the movie is so violent that it could create a problem in the neighborhood, isn't that also a concern of us from the zoning standpoint? Or are we only concerned here about the depiction of body parts? Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor. Mayor Suarez: I'm sorry? It's constitutionally protected, Mr. Maxwell: That's constitutionally protected. Mayor Suarez: Oh, I know that. Mr. Maxwell: It would be no problem on that. Mayor Suarez: I know that. All free speech is constitutionally protected, et cetera. But I'm just saying from the zoning standpoint. That's why we're =_- here. We're not trying to get into obscenity and all that. Does it concern us... Does it not concern us as mach, if it concerns us at all, that movies be depicted that show violence that might actually create a riot outside of the movie or something? I mean... Mr. Rodriguez: Frankly, we were trying to address the issue that we had and not to get into any new issues. Mayor Suarez: Oh, I see. Mr. Rodriguez: It's bad enough and complicated enough with the one we have. You know? Mayor Suarez: That makes sense. Commissioner Alonso: I can see why. Mayor Suarez: I go along with that. I can go along with that. Commissioner Plummer: With a town full of hungry lawyers, you don't think you're going to get into new issues, huh? Mr. Rodriguez: We're trying not to keep getting into every new issue. Commissioner Plummer: Helfman loves you. You know, I guess, really the question here is do we want to try to exercise some control, or do we want to lose in a court and have a judge set control? I think that's really what we're talking about. Mr. Rodriguez: That's it. Commissioner Plummer: I think everybody, you know, would like to say, „Oh, hey, we're totally opposed. We're..." But if you don't exercise some control, then I think the courts are going to do it for you. 185 February 25, 1993 a Mayor Suarez: That's... And along those lines, does the new proposed statute restrict what is otherwise referred to as sale and exhibition of hard-core pornography? Mr. Rodriguez: Right. It's restricted... Mayor Suarez: It restricts... Mr. Rodriguez: ...as to the amount that will be allowed in a particular store. Mayor Suarez: As to the amount? Mr. Rodriguez: The amount... Commissioner Plummer: Huh? Mr. Rodriguez: ...of area... Mr. Gibbs: It's protected. Mr. Rodriguez: ...in which you would have in a store... Mr. Gibbs: It's protected. Mr. Rodriguez: ...in which you will be able to... Mayor Suarez: And where it's exhibited somehow or displayed? Mr. Rodriguez: And where it's exhibited. Rights the display. Ms. Slazyk: Yes... Mr. Rodriguez: So, you can have only ten percent of the store... of the area, that would be allowed to be dedicated to this type of use, and... or a maximum of 100 square feet and it would have to have some kind of security camera or mirror. And it would have to have a sign saying, nobody over... under 18 is allowed, et cetera. And also, it would require a class two permit that we will notify adjacent property owners. I think the concern that I have heard expressed by some of the residents is... Commissioner Plummer: That's impossible to enforce. There's no way. Mr. Rodriguez: ...that they believe that instead of a class two they would have... like to have a special exception in every case. Commissioner Plummer: Sergio, you're talking about... Excuse me. What you're saying... Mayor Suarez: A special exception in every case? Commissioner Plummer: I don't think there is any way... 186 February 25, 1993 a ryk. Mayor Suarez: I can imagine this. Commissioner Plummer: ...in God's green earth that you are going to be able to enforce that. Mr. Rodriguez: what are options that we have? Mayor Suarez: He... Mr. Rodriguez: Not enforcing anything at all? Mayor Suarez: He's saying... Commissioner Plummer: No, I think though... Mayor Suarez: He's saying that the worst situation is the one we have now where we can't enforce what we have at all. Commissioner Plummer: Yeah, but what we're saying is, if we're going to try and pacify some people, you're talking about having an inspector almost on a full-time basis in one of these stores. Now, you know, we know today that there are X-rated video stores and there are video stores. Mr. Rodriguez: Right. Commissioner Plummer: I don't think Blockbuster sells any... Ms. Slazyk: Block... Commissioner Plummer: ...X-rated at all. But I can tell you, they sell an awful lot of R. Ms. Slazyk: Yeah. Blockbuster has a certain amount which is R that has nudity. They would be included... Commissioner Plummer: Macu's kids had three tapes the other day. I want to tell you something, they were R-rated but phew! Mr. Rodriguez: But again, we are not discussing the R-rating, which is a rating self-imposed by the movie industry. Because in reality, there are movies which are not from the mainstream of the United States, which not may be... Mayor Suarez: They don't even have a rating. Mr. Rodriguez: They're not rated. Mayor Suarez: All right. We know all of that, please. What else do we need to hear about here, Mr. Yallador? Commissioner Plum;ner: Miriam, we've got no more Film Festival. Mr. Bob Yallador: I'm Bob Yallador. 187 February 25, 1993 Mr. Gibbs: I didn't finish my statement, Mr. Mayor. I didn't get a chance to —_ finish what I was saying. Mayor Suarez: You didn't finish your statement. All right. I'm sorry. Mr. Gibbs. _ Mr. Gibbs: No. Because there are other issues too involved with this. — Mayor Suarez: Yeah, I sought to clarify a point that you were making. Right. Mr. Gibbs: Yeah. And that was the point about the theatres. There's also... Commissioner Plummer: Good-bye to Film Festival. — Mr. Gibbs: There's also written materials. There are certain things that go through the mail - certain ads for colognes and what not that go through the United States mail, which cannot be shown in a C-1 district. It's... Mayor Suarez: Yes, but they go directly to the home... Mr. Gibbs: What I'm saying is... _-- Mayor Suarez: ...and they don't affect our zoning considerations which is what we're here for. Mr. Gibbs: Well, let's put it this way. If you're dealing with obscenity and —_ X-rated movies and whatnot, if someone's going to put one of those perfume ads in Cosmopolitan magazine or in Time magazine, those... Mayor Suarez: No, I think what we're really concerned about, Tucker, is the kinds of people who might be attracted to the kinds of stores... Mr. Gibbs: I understand that. Mayor Suarez: ...that might sell all X-rated material and the kinds of... Mr. Gibbs: I understand that, but if the... Mayor Suarez: ...problems to the community created by that, in the zoning standpoint. We're not trying to regulate... Mr. Gibbs: I understand what you're saying, but the point is the practical effect of the ordinance that you have right now is to prohibit the sale of Time magazine because in it it has perfume ads that show a bare buttocks. Mayor Suarez: There you go. Mr. Gibbs: And that is the most ridiculous thing for a world -class city to be debating on. I can't believe that you're wasting the... Mayor Suarez: We have to change our ordinance apparently, we're being told and that's why we have to figure out how to change it... Mr. Gibbs: I can't believe... 188 February 25, 1993 Mayor Suarez: ...or how not to change it. Mr. Gibbs: What a waste of time! Mayor Suarez: And we have some people who are against a change. Mr. Gibbs: I understand that, but... Mayor Suarez: This is a public forum. Mr. Gibbs: Right. It is a public form. I would rely on your Legal Department to tell you about what is something that you all can do and what you can't do, because... Mayor Suarez: I generally try to rely on our staff, but the Legal Department is one that I don't... Mr. Gibbs: The staff has done a good job on this one. Mayor Suarez: ...listen to a heck of a lot, because I'm a lawyer myself and I know how full of it lawyers are. Commissioner Alonso: No, and the situation is that something that might not be offensive to you might be very offensive to other people. Mr. Gibbs: That's correct. Commissioner Alonso: And a neighborhood would not like to have that kind of business in their area, and that's exactly why... Mr. Gibbs: The question, though, is... Commissioner Alonso: ...they are coming here. Commissioner Plummer: Let me tell you, this one is a no -win. Mr. Gibbs: Right. But is it protected speech? And that's the issue that you have... that Mr. Rodriguez is talking about. you're telling me that a perfume ad that the City of Miami is saying... Commissioner Plummer: Why don't we send it back to the Zoning Board? Mr. Gibbs: ...that Time magazine should not had a perfume ad in it that shows a pair of buttocks.. Commissioner Alonso: Exactly. Mr. Gibbs: That's ridiculous. It's absurd. Commissioner Alonso: Yes. But the truth of the matter is that it has been in effect and what we're trying to do now is change whatever is necessary without affecting the neighborhoods, because... As a matter of fact, it is in effect right now. 189 February 25, 1993 Mr. Gibbs: And you all are exposed legally. Pardon the pun. Commissioner Alonso: What we are doing is we are changing it. Commissioner Plummer: Mr. Mayor? — Mayor Suarez: What? — - Commissioner Alonso: What? Mr. Gibbs: You are exposed legally. And I pardon the pun. Mayor Suarez: We have,.. We can't be exposed at all. We haven't taken any action whatsoever. Why do you over -argue your case? Mr. Gibbs: You have an ordinance that's on its face unconstitutional... Mayor Suarez: All right. Mr. Gibbs: ...right there. =a Commissioner Plummer: Mr. Mayor... ' ' Mayor Suarez: We haven't decided what were going to do yet. In fact... u� — Mr. Gibbs: It doesn't have to... the ordinance is already... Commissioner Plummer: Can I make a motion that we defer this... Mayor Suarez: You should be happy that we're delving into this. Yes? Commissioner Plummer: Can we... Can I make a motion we send this back to the Zoning Board for further clarification? Mr. Gibbs: Good luck. Commissioner Plummer: ...Planning Board. Mr. Rodriguez: Planning Board. Can you give us... Commissioner Plummer: I so move. Mr. Rodriguez: ...some directions as to what you have in mind? Commissioner Plummer: Yes. Exactly what you want. -- Mr. Vallador: What is major pornography and minor pornography? Mayor Suarez: Mr. Vallador... Commissioner Alonso: Sergio, if we go only by... Excuse me, Mr. Mayor. Mayor Suarez: I'm sorry. Commissioner Plummer: (lid I get a second? Commissioner Alonso: ...how will I... Mayor Suarez: She's trying to clarify the motion. Commissioner Alonso: ...that will work? Mr. Rodriguez: What would happen is that any place that presently has this kind of material, and that might include movie theatres that might show, for example, R-rated movies that have any nudity, will have to ask for a special exception to show that. And then we will notify adjacent property... you know, the 1,000... the radio people that we have to notify and then you will have to hear the case and make a decision on the special exception. Commissioner Alonso: So, as a matter of fact... Mr. Rodriguez: I mean the Zoning Board, excuse me. Commissioner Alonso: ...all of these facilities will have to go through the... Mr. Rodriguez: All of the facilities that we have... Commissioner Alonso: ...the process. Mr. Rodriguez: ...presently in the City... Commissioner Alonso: Because all of them are illegal... Mr. Rodriguez: All of them... Commissioner Alonso: ...at the present time. Mr. Rodriguez: ...at present time will be illegal. Yeah. Vice Mayor De Yurre: So, you're saying then that everybody gets a free show of the movie? A free screening? Commissioner Plummer: You know, I'll tell you. This is some City Commission. We go from potbelly pigs to nudie movies. What's next? Vice Mayor De Yurre: All I know, J.L... Mayor Suarez: Why are you giving headlines to the Miami Herald for tomorrow? Mr. Vallador... Vice Mayor De Yurre: Let me say that there is one advantage to this ordinance and that's that we never get to see you naked doing a perfume ad. Mayor Suarez: Mr. Vail... 191 February 25, 1993 Commissioner Plummer: You would never know what you missed. Mayor Suarez: Yes, Commissioner Alonso. Commissioner Alonso: Sergio, how did this come about? Because of a complaint to the facility that he represents? Mr. Rodriguez: We received a conipiaint about the facility that they have. They were renting X-rated, or triple X-rated movies, and we sent an inspector, we gave them a violation, and then he complained that we were doing selective enforcement. So, then he asked for interpretation from the Zoning Administrator. The Zoning Administrator made an interpretation that this would not be allowed to be shown. He appealed that to the Zoning Board. Then we went into the Zoning Board, they asked for a delay and asked us to come up with some recommendation on the law that would address this issue and try to limit it, but at the same time be cognizant of the consequences of what we were presently allowing in the community. And that's where we are. Commissioner Alonso: So, he's the bad guy. Commissioner Plummer: Well, I think interesting is that look at the vote on the Zoning Board. It passed five to two. That's a... Mr. Rodriguez: Planning Board. Mr. Maxwell: Planning Board. Mr. Rodriguez: Planning Board. Commissioner Plummer: That's interesting. Mr. Rodriguez: Yeah. They were denying before. This time the Planning Board recommended... Mr. Gibbs: May I clarify something? Mayor Suarez: No, no. Please, please. We can't go on with this forever. We've got a bunch of folks waiting on another item., Commissioner Plummer: Well, I had a motion, I thought. I didn't hear a second. Mayor Suarez: We didn't get a second, but we never heard from counselor, here and at the risk of letting another lawyer speak here tonight and never getting out of here... Mr. Helfman: I'll try to be very brief. Mayor Suarez: Quickly. Mr. Helfman: We... My client was... Commissioner Plummer: Your name and address for the record. 192 February 25, 1993 G P Mr. Helfman: Yes, Steven Helfman, 2665 South Bayshore Drive. My client was cited. He has a very mainstream video store where he has a small selection of adult material. We felt that that was permitted, we filed a request for an interpretation of the Code with the Zoning Administrator, he determined that it wasn't. The staff looked at the ordinance, the Law Department looked at the ordinance, and I think we all recognize that there are some deficiencies in the ordinance. And this is an attempt to at least address one of the particular deficiencies in the ordinance. This is not going to address everything. I don't think that it's intended to. But as your ordinance reads, it 1s unconstitutional. I mean, nobody said it, but it is. It is overly broad. It... I mean, Self... this magazine, Self... Unidentified Speaker: Watch it. Mr. Helfman: ...has... Unidentified Speaker: Watch it. Mr. Helfman: This was actually... Well, in any event... This is a... Commissioner Plummer: Couldn't you have got another title besides that one? Mr. Helfman: This is a Neutrogena ad for soap. It violates your ordinance. It cannot be sold in your commercial districts in this City. Commissioner Aionso: Who makes that determination that it is not? Mr. Helfman: It's very simple. You'll ask... Commissioner Dawkins: You know... Mr. Helfman: ...ask the Zoning Administrator, he'll gave you the Interpretation. I did. Commissioner Dawkins: You know, I've been trying, Mr. Mayor, not to say anything. Commissioner Alonso: I'll bet that interpretation... Mayor Suarez: And I really appreciate that. Commissioner Dawkins: But it is almost asinine for two individuals to stand up here and tell me that ads 1n the Time magazine that show a nude buttocks is the same as an ad in Penthouse or Playboy with a nude buttocks. You can't make me believe that. There is a difference. So, don't come up here under the guise of I'm going to take the Time magazine off, because it shows the woman's body and Penthouse magazine shows the woman's body. There's a difference. Mr. Helfman: Right. Commissioner Dawkins: Now, somebody over there - anybody - explain to me, adult entertainment and adult services. What are "adult services"? That's what I need to know. 193 February 25, 1993 Commissioner Plummer: A At your age, you want me to explain it to you. Commissioner Alonso: That's a good one. Mayor Suarez: All right, Let's back..* Commissioner Alonso: At this time, I will excuse myself. Mayor Suarez: Back to... Commissioner Plummer: Is Dr. Ruth here? Mayor Suarez: Back to zoning. Anything further on the zoning issue? Mr. Vallador, the Commissioner 1s inclined to refer this back to the PAB. I am not sure what that's going to accomplish, but we've got to move. We've got another item. Yes, sir. Mr. Vallador: OK. I'm Bob Vallador. I have an office at 1450 Coral Way. I also live at 3324 SW 20th Street. I'm chairman of the City of Miami's Nuisance Abatement Board and I'm here speaking on my own behalf and as a citizen of Miami, not as chairman of the Nuisance Abatement Board. As a citizen of Miami, one of the things that we deal with, or that I've seen dealt with, in the Nuisance Abatement Board, is the issue of pornography or prostitution. And it has been known that prostitutes linger and hang around the areas in which pornography, as customarily been defined, is made available. I have a great concern as a citizen of Miami that by broadening the definition to allow... to typically or historically or customarily define pornographic material to be more readily available throughout the City of Miami, that we are just broadening the problem. I visit different cities and different parts in South Florida, and different parts in the Country, and I don't see the difficulty that they have that... and I don't see the rampant display of the more lurid sexual magazines - hold on, J.L. - that I see in some of the places that are here in Miami and I wonder how those other communities can restrict those same things. Commissioner Plummer: That's exactly the point I was going to... Mr. Vallador: I think what we're trying to do here is to broaden the allowance of the location of these facilities in order to fit the current definition, when I think possibly, you may all want to look at what is the definition and also look at the context in which the display ad is being presented. Commissioner Plummer: Well, you make a good... Mr. Vallador: And also, don't listen to Tucker, because he's from Coral Springs. They don't know anything up there. Commissioner Plummer: That's true. Mr... Mayor Suarez: That's the best argument I've heard all might. All right. 194 February 25, 1993 Commissioner Plummer: Sergio, why... You know, he makes a good point. You don't find this problem existing in Coral Gables or Miami Shores or E1 Portal, — What are they doing and what ordinances that they have? Why are we trying to - reinvent a wheel if, 1n fact, for whatever reason, they have it under control, or seem to have it under control? - Mr. Rodriguez: They have it. They allow it. Basically, in any place in Coral Gables or any other place where you have a 7-11, you will have Playboy or Playgirl, or whatever it is - Penthouse - sold and there is no issue. And there was no issue until this became an issue now for us.` Commissioner Dawkins: Mr. Mayor? Mayor Suarez: Yes. Commissioner Dawkins: It is 8:05. Mayor Suarez: Commissioner, we've got to get on. Commissioner Dawkins: I call the order of the day, because it will be 9:00 in a few minutes. Mayor Suarez: All right. Very good. We've got a motion. Do we have a second? To refer back to PAB. So moved. Once... Vice Mayor De Yurre: Second. Mayor Suarez: ...twice... Seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Well, Mr. Mayor... Commissioner Dawkins: Who seconded? Commissioner Plummer: ...I think we have to send it back with a cause... Mayor Suarez: Yes, sir. Commissioner Plummer: ...and the cause is to try to clearly... more clearly delineate for us the term and... of obscenity. What... You know, what is obscenity and how do you judge it and how would you enforce it? I think that's very, very important. I don't want my policemen running around the City of Miami worried about a nudie movie when I've got people in the street having guns stuck in their face. And this... I don't want it to become a police matter, is what I'm trying to say. Mayor Suarez: We'1, if that's your concern, then the... Commissioner Plummer: It's one of my concerns. Mayor Suarez: ...indicated thing would be to act on this tonight one way or the other and if you... But that's not the motion you've made so... Commissioner Plummer: That's correct, sir. 195 February 25, 1993 Mayor Suarez: All right. We have a motion and a second. Any further discussion? This just postpones the pain, folks. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-133 A MOTION TO REFER TO THE PLANNING ADVISORY BOARD (PAB) AGENDA ITEM PZ-13 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 TO PROVIDE AN EXCEPTION FOR THE SALE OR LEASE OF LIMITED ADULT ENTERTAINMENT MATERIAL AS A PERMITTED ACCESSORY USE BY STORES IN THE C-1 DISTRICT); FURTHER REQUESTING THE PAB FOR FURTHER CLARIFICATION AND DELINEATION AS TO WHAT CONSTITUTES OBSCENITY AND AS TO HOW TO ENFORCE PROPOSED LAMS TO CONTROL IT. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez ABSENT: None. 196 February 25, 1993 27. (A) FIRST READING ORDINANCE: AMEND 11000 TEXT (ART. 6, SEC. 602 AND 617, AND ART. 26) -- ADD PROVISIONS REGARDING: (a) FLOOR AREA CALCULATIONS TO BE USED FOR PARKING; REQUIREMENTS, AND (b) A PROCEDURE TO PERMIT PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING -- IN SD-2 AND SD-17 COCONUT GROVE DISTRICTS (Applicant: Planning, Building a Zoning Dept.). (B) FIRST READING ORDINANCE: AMEND CODE CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC) -- ADD NEW ARTICLE VIII: COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND, DESCRIBING PURPOSES FOR WHICH SUCH FUND IS ESTABLISHED, DEPOSITED AND SPENT (Applicant: Planning, Building & Zoning Dept.). (C) FIRST READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS) -- AMEND ARTICLE VI, SIDEWALK CAFES TO PERMIT NEW SIDEWALK CAFES IN CONJUNCTION WITH "FOOD ESTABLISHMENTS - TAKE OUT ONLY", PROVIDED THAT OFF-STREET PARKING IS EITHER PROVIDED, OR A FEE IN LIEU OF PARKING IS PAID (Applicant: Planning, Building & Zoning Dept.). ------------------------------------------------------------------------------ Mayor Suarez: Item... I think items... the next few items are those for which there is no one from the general public here, until we get to the Coconut Grove? Is that correct? Commissioner Plummer: Sixteen is the one that they're all here on. Mr. Sergio Rodriguez (Assistant City Manager): Sixteen is the Grove. Mayor Suarez: That's the beginning of the Coconut Grove? Commissioner Plummer: Yes. Mayor Suarez: All right. Mr. Turner, we barely gave you a chance to get started last time and you've come back with a very nice green suit. I think this time it will do it. Mr. Clark Turner: Thank you. Mayor Suarez: And beard. Mr. Turner: Thank you, Mr. Mayor. You have three ordinances, PZ-16, 17 and 18, which are companions. PZ-16 amends the zoning ordinance to include sidewalk cafes in the parking requirements and provide a fee in lieu of parking. PZ-17 amends the City Code to establish the Parking Improvement Trust Fund and set the fees for the in lieu of parking provision. PZ-18 amends the City Code to include food takeout establishments in the parking requirements. These are before you as a result of work... Commissioner Plummer: Excuse me. May I ask... inquire a question, sir? Which one of these three, if any of these three, speak to which I think is a great inequity that you can have sidewalk tables and chairs without having any parking requirement? Does any one of the three speak to that, sir? And if so, which one? 197 February 25, 1993 Commissioner Plummer: But that takes it into the parking. Mr. Turner: Yes. Commissioner Plummer: Is there any one of these that says that from this day forward, if we pass these, that you can have a sidewalk cafe with tables and chairs without providing parking? Mr. Turner: No. Commissioner Plummer: Thank you, sir. Mr. Rodriguez: Except that the Planning Advisory Board recommended, in the hearing - right? - that we... that it would be grandfathered the existing ones. That was the recommendation they made... Commissioner Plummer: OK. Mr. Rodriguez: ...but we didn't... The recommendation from the staff is not that. Commissioner Plummer: Even though they're illegally there, and not in compliance presently, you would, 1n fact, grandfather them. Mr. Rodriguez: They... Mr. Turner: No, the recommendation of the Planning Advisory Board was to grandfather those sidewalk cafes that were in compliance with all City codes at this time. Commissioner Plummer: No, no. Mr. Rodriguez: Right. Commissioner Plummer: That's a big difference, now. If you are going to bring them into compliance by virtue of allowing them to pay a fee... Mr. Joel Maxwell (Assistant City Attorney): You can't... Commissioner Plummer: Is that correct? They're not going to be allowed to come into compliance without paying a fee. Mr. Turner: Under this ordinance, that's correct. Commissioner Plummer: They've got to pay the fee. Mr. Rodriguez: Right. Mr. Turner: Correct. 198 February 25, 1993 Commissioner Plummer: OK. So, go ahead, sir. I'm sorry. Mr. Turner: OK. These are before you as a result of numerous meetings and discussions by the Coconut Grove Chamber of Commerce, the Coconut Grove Village Council, various citizen interests, and the Planning Advisory Board and the City's planning staff. These ordinances serve two main purposes. One... The first purpose is to allow businesses to satisfy parking requirements that they are unable to satisfy, either on their own site or by contract elsewhere. And the second main purpose is to reduce the parking shortage that now exists, by establishing a trust fund that will help finance new parking spaces. The businesses that are unable to satisfy their parking requirements at the present time would be given the option to either provide the space as required by the existing ordinance, or if they're unable to do that, to pay a fee 1n lieu of the parking that would go into the... the fee that would go into the Coconut Grove Parking Improvement Trust Fund and would be used to help finance new parking spaces. Commissioner Plummer: And what time frame is attached to that? Mr. Turner: To the payment of the fee? Commissioner Plummer: To them to decide whether they're going to provide the parking or pay the fee. Mr. Turner: Well, there is no time limit specified in the ordinance. It would be a requirement in order for them to have a certificate of occupancy and use, or a renewal of one that was due for renewal. Commissioner Plummer: What happens to the organizations that are presently there today in noncompliance who don't go out and find parking spaces and don't pay the fee? Mr. Turner: They would not be able to have a certificate of ese then. Commissioner Plummer: They don't have it now. Mr. Turner: Well, then they would have to... The Code Enforcement would have to close them down then. Commissioner Plummer; You're saying they would be closed down, if they did not exercise the option of one of the two. Mr. Turner: Subject to their usual rights of appeal. Commissioner Plummer: And in what time frame is that? Five years? I mean, is it within... I mean, it doesn't say it in the ordinance. Is it three years.... three months, 30 days, what is it? Mr. Turner: Ninety days. Commissioner Plummer: So, they have... They must make a decision within 90 days to either provide... find the provided parking or start paying the fee? Mr. Turner: Correct. 199 February 25, 1993 a.. Commissioner Plummer: OK. If not, they're in noncompliance and on the gist day they will be put out of business. Mr. Turner: They would be cited and they would have to be heard... Commissioner Plummer: By Code Enforcement? Mr. Turner: By Code Enforcement. Commissioner Plummer: That's a total waste of time. Code Enforcement is about as useless as... OK. Now, I have another question. And the one that bothers me is that you will allow them, under this proposal, to pay a monthly fee of $40 - is that correct? - or $10,000 per space as a onetime payment. Am I correct on that, sir? Mr. Turner: Yes, the... I think the easy way to look at the fee is that there would be a choice between a $10,000 per space once, taking care of it forever, or $480 per space per year, Commissioner Plummer: OK. Mr. Turner: There is some square footage referred to, but it... Commissioner Plummer: But it's paid monthly. Is that correct? Mr. Turner: Yes. Well, it could be paid monthly, they could obviously, assume they wanted to pay the $480... Commissioner Plummer: It's $40 a month, is what I think I said. Am I correct on that? Mr. Turner: Yes. That would be $480 a year. Commissioner Plummer: All right, sir. Now, tell me what happens the minute that they agree to pay... they're deficient ten spaces, and they're now paying you $400 a month. You have now put them in compliance and the day after, they now can sell where they couldn't sell before. They can say, "Bye- bye Coconut Grove, I'm gone." OK? Does the new owner have to come in and pick up that $400 a month? Mr. Turner: Yes, it would be the same as a covenant... Commissioner Plummer: What happens if no one comes in and operates a restaurant out of that place? Mr. Turner: If they operated some other business... Commissioner Plummer: Yes. Mr. Turner: ...the parking requirement that would apply to that would be the one that they would have to satisfy, either on the site or by payment in lieu of. 200 February 25, 1993 Mr. Turner: I believe Clark Cook would be the one who would address that. Commissioner Plummer: No, I'm asking if the people don't occupy the buildings, or their parking requirements change, how are you going to enforce it? Because you've given them in compliance. The minute they pay that first month's rent on that space, you're going to give them a certificate of compliance and they're going to be able to do something they couldn't before =- and that's sell their business. Mr. Turner: Well, the new owner is going to be bound by the same requirements that the old owner was. This is going to be the same as a... Commissioner Plummer: And if the building sits vacant for a year? _ Mr. Turner: It would be the same as a covenant that runs with the land. Commissioner Plummer: If the building sits vacant, are you going to charge that amount of money to the owner of the building, even though it's vacant? _ Mr. Turner: If there's not an operating business there, there would not be an applicable parking requirement. _ Commissioner Plummer: Then comes the fact of how do you guarantee that Miriam __- Alonso and I, as taxpayers, don't have to pick up that fee? Mr. Turner: I believe Mr. Cook can address the financing end of it. — Mr. Clark Cook: Clark Cook, Executive Director of Miami Parking System. Commissioner Plummer, what we would do... and we would call in and ask to look at what we would do with the funds, if they became available. What we would do, as these funds were collected and placed in a trust fund, we would go out, as we have done before in Coconut Grove, and look for sites for parking, either surface parking lots or garage parking facilities. We would then do a pro forma and see what it would cost to operate that and what the debt service would be. We would use our financial... our bonding ability to build the garage, providing that we could beat debt service. For instance, on some... one pro forma, we may find it was maybe $300,000 a year debt service and we could only, operating the garage, raise $200,000. Yes, then the fund... we would have to take $100,000 out of the fund a year to pay the debt service. You're absolutely correct. If the business climate in Coconut Grove chan1200,000 es, and there were no businesses paying into this fund, and the garage had debt service, Miami Parking System is in a lot of trouble. So, we are going to be very careful. We are going to be extremely conservative about an expenditure in this, as we've always been, and try to make the best business judgment possible. There will be a parking advisory board that will be looking at us in Coconut Grove, as well as Miami Parking System, as well as this Commission. We're not going to do anything that is in a risky position that would put us in danger. 201 February 25, 1993 Commissioner Plummer: Clark, let me tell you my problem. First and foremost, I ask the people who came and talked to me to give me two things before tonight's hearing, which they have not done. Number one, potential site locations. I think it's going to be extremely difficult... Mr. Cook: So do I. Commissioner Plummer: ...to find sites. I'm on record, and I think this Commission is, that there is not going to be any structures this side of Bayshore Drive, from Peacock to Kennedy Park. No structures, so that's out. OK? The property on Florida, Grand, McDonald to Margaret - I don't ever want to touch that one again when 1t comes to saying parking, because that old lady back there, she is wicked. OK? And I mean, she is adamant and she's right. OK? The parking at the Playhouse, we've been through that one. We know that the only way that that one works will never happen, because the only way it works is an exit through the back, directly over to McDonald. The only one that I know of is, possibly, the church and I don't think Father want's to give up his parking. So, that's number one - location. Number two, I'm concerned about the cost and where it's going to be not subsidized by the taxpayers. I think that would be absolutely wrong. If you go back to the scenario with the Coconut Grove Playhouse, I think we learned our lesson there, or at least we should have. I know there are some off-the-wall things and if one gentleman sitting here will shoot me out who gave me the idea of digging up McFarlane Road and putting parking under McFarlane Road. Well, that might be great for parking submarines, but I don't think it's a damned bit good for automobiles,. And I am very concerned that once you get people into compliance, which then gives them the ability to sell, which they did not have the ability before, they're going to sell and tell you bye-bye. And you're going to be stuck with a garage that's a pink elephant and no source of income. And once again, I'm going to close right now by saying I told before, I'm going to say it again - I will not vote for second reading, until site location... potential site locations have been given to me and a financing plan that shows... [APPLAUSE.] Didn't know I had that many relatives. ...a financing plan that shows that it is feasible. They're talking about, possibly, between 258 parking spaces to 1,000. Seven hundred and fifty-eight, I think, is what the survey shows that is actually needed to be in compliance with what they should have been in the first place. That's a lot of parking spaces. You're talking about a parking structure, what are you talking about normally? Two hundred cars, at best, to a floor? A hundred and fifty? Mr. Cook: I don't think there's room... I doubt there is room for building larger than a 400 car parking garage in one space. Commissioner Plummer: OK. But they also spoke, and reasonably so... Mr. Cook: Yeah. Commissioner Plummer: ...that there could be a number of facilities. Mr. Cook: That is correct. And that's the... Commissioner Plummer: But I'm saying, where's the available land? And I think that's a major problem. The cost of land in Coconut Grove today is wow! A lot of money. And when you start financing that out to pay for a parking structure, you're going to have... 202 February 25, 1993 A !u Mr, Cook: Then you've got a debt service problem that's for us. Commissioner Plummer: You bet your bippie. Mr. Cook: Yeah. Commissioner Plummer: And you've got to go - what? - one and a half to one? Mr. Cook: Yeah. Commissioner Plummer: Uh-huh. Commissioner Alonso: And if we don't do this, what do we do? Commissioner Plummer: Dell, what do you do? You know, what you do is very simple. When these places close up - because they're there, Ted - when they close up, you just absolutely don't let any others go back in. I mean, that's what the... That's the alternative. They should not be there today. I find fault with the fact that the City did not enforce - OK? - that the City... I was never aware where Company ABC came before us and got their approval predicated on a lot a half a block away, with a lease for two years, that when the lease was up they did nothing and they're still operating there. They should have been put out of business. And I find fault with the City for not doing that, but they didn't. So, let's admit the reality of what happened. And so the alternative is... You know, there's one other problem, Ted, so that we don't misunderstand each other. For the businesses... If I could say to the businesses that the parking is going to be for your customers, but the real major problem to me, in Coconut Grove 1s not the people who are going there to spend money, it's the people... the kids who go their cruising who create the major traffic problem on the... especially the weekends. And you're not going to address that problem by virtue of parking garage, or surface parking, or anything else. So, I'm saying to you - and then I'll be quiet for a while - I need a plan showing me where the locations are and you've got to show me and demonstrate to me that it's not going to be a financial burden on the taxpayers of this community. Commissioner Alonso: I think that that part of what Commissioner Plummer is explaining does make sense and I agree with it. Now, the other part of the matter is, indeed we have businesses who are illegal and the City of Miami has tolerated this all of this time. It is a reality. They are there, they are illegal. If we don't go through this and look the other way, what are we doing? Are we saying we allow illegal businesses to stay in the City of Miami? It is a contradiction. Either we take action and resolve the problem and say this 1s the end of it and we don't allow any new business to open, unless they have the proper parking, or what do we do? Because this is a joke. It's happening daily. It has been happening for the longest time. And it has been done legally, because they were... there are ways to do it and they've been doing it, legally. But in fact, the end result, this is an illegal business. So, this is a joke. Either we go along with this and find a solution to this situation that we can say, "This is the end of it. If you don't have parking, you are not going to be able to have a business in this area." Where do we start? I think this is a good ordinance and one that will 203 February 25, 1993 IN help us resolve a serious situation that we have in Coconut Grove. The traffic situation is bad enough. It's horrible to get through that area. I think it will help. It might not resolve the problem of many people who come through the area and young people, as it was said before, but in fact, it will help a lot. And I think that we have to move into the direction of resolving this serious situation that we have that is a joke. I'm ready to move. Vice Mayor De Yurre: OK. I think we'd like to hear from the group, if you have somebody who's a spokesperson for the ones who are proposing this plan. Anyone want to step forward? Mr. Tucker Gibbs: And you all thought you got rid of me before. My name is Tucker Gibbs. I live at 3820 Sayside Court in Coconut Grove and I'm the chairman of the Village Council's Planning and Zoning Committee. And this... I like to think of this as a deficit, just like the deficit in Washington. And like Ross Perot says, it's like that crazy aunt who is down in the basement that everybody knows she's there and nobody wants to talk about her. Well, Coconut Grove, this is our little dirty secret and we want to do something about it. And I want to remind the Commission that this comes to you not because you all asked for it, not because your staff asked for it, but because for three years, Coconut Grove residents and businessmen and women have tried to find a solution. And this three-year long process has been Involving letters to the Planning Department, to Mr. Genuardi, to the Law Department, asking the question why? Why do we have a parking deficit? Now, Mr. Yaromir Steiner will tell you that when Cocowalk was first built, they did a planning study... they did a parking study in Coconut Grove and it said that there was no parking problem in Coconut Grove. The City of Miami said we agree with that. When Cocowalk got its major use special permit, because they had a problem with their parking, a requirement was that they do another parking study and that's where the magic number of seven hundred and whatever comes from - 700 to 1,000 - from the Cocowalk study that was approved by the City's Planning Department. So, we've got a problem and the problem is one of long-standing and this community of Coconut Grove has worked to do it. And like the deficit, and like a plan to solve the deficit in Washington, it has a lot of parts, it seems very confusing. But the one thing about a plan to solve a very confusing problem, people will come to you tonight and they will tell you they don't like this... Commissioner Plummer has said that he wants to know exactly where that garage is going to be built... and someone may not like the fees, and someone may not like the fact that sidewalk cafes are in same respect grandfathered. The fact is there is something in this, like the deficit reduction plan, that every... that one person's not going to like. And if you nitpick at it and you start taking little parts at it, you're not going to have anything. And that's fine, too, if that's what the Commission wants. The point we're trying to make is you've got to look at this thing as a whole. It is an attempt... It 1s an honest attempt by the people of Coconut Grove... And, Commissioner Plummer, you've been here many years and I think you can count on one hand - and so is Commissioner Dawkins, Commissioner De Yurre, and even Commissioner Alonso - you know that there are about five times, I think, you probably can count where all the segments of the Grove generally, business and residential have gotten together. Yes, there are people here from the residential community who do not like this. Commissioner Plummer: Four times. 204 February 25, 1993 R Mr. Gibbs: Four times. OK. Well, I knew it was something like that. The point is that we have made the attempt and it was an attempt that is a citizen -generated attempt. Let's see... Our challenge to you and to other people who may not like this plan, and I challenge the people who are going to oppose this plan tonight, give us something better and give it to us now. Because, I'll tell you something, I've lived in the Grove all my life, Commissioner Plummer has lived here forever, and I can tell you that since the early 1970s this has been growing and growing and yes, the cruising is a big part of it. But overdevelopment and the... as you said, the failure of the City of Miami to adequately look at zoning and police the zoning is the cause of this. And the citizens of Coconut Grove have come to you with a solution. And I implore you, before you reject this outright, you give us a better plan, because we have waited long enough. Thank you. Commissioner Plummer: Tucker, you haven't given us a solution. That's the problem. Mr. Gibbs: We have given you the best efforts... Commissioner Plummer: You've given us what you think is a vehicle to potentially, maybe, bring about a solution. Mr. Gibbs: OK. Then I... Commissioner Plummer: OK. You see... Yes, I nitpick. There's no question. Because I don't think that you're going... You're problem is that you're having people who like the idea, but they're coming up with off-the-wall ideas which will eventually, if they continue, in may estimation, will destroy it. You know, I'm sorry... Mr. Gibbs: Is the ordinance so off-the-wall, though? Is the ordinance itself off-the-wall? Commissioner Plummer: Parking under McFarlane? Mr. Gibbs: That's not in the ordinance, though, is it? Commissioner Plummer: Excuse me. But to take... and you're going to collect money without designating where you're going to go and when you're going to do it. Mr. Gibbs: But the ordinance deals with that. They have a... There is a committee, appointed... a majority of them appointed by the Commission, the Mayor and the Commission, that will look at that, will work with the Off - Street Parking Authority. Commissioner Plummer: Yeah. But you see, they're talking about a trolley. I don't think there's any way in God's green earth a trolley will work. Mr. Gibbs: You and I agree on that and that's why it's specifically stated in the ordinance that no more than 30 percent of the money could ever go for something like a trolley. That's... Commissioner Plummer: So where would you build the thing? 205 February 25, 1993 z Mr. Gibbs: Where would I build it? Coconut Grove Bank. I'd go to Mr. Harrison and I'd soy, "Let's make a deal and let's build it there." — Commissioner Plummer: You mean in the back? Mr. Gibbs: You've got it. Mayor Suarez: OK. _ Mr. Gibbs: OK? Ccmmissioner Plummer: That's interesting. Mayor Suarez: Anything... Commissioner Plummer: That's the first... Well, that's the first one that's cane up with something good._ Mr. Gibbs: All right. And that's what I've said from the very beginning. That's where it belongs. Commissioner Plummer: That's above sea level. — Mr. Gibbs: You've got it. Way above sea level and you can dig down too. — Mayor Suarez: Anything further from opponents, let's say? -= Mr. Gibbs: I'm not an opponent. I'm a supporter. - -' Mayor Suarez: No, no. By the way, you changed your whole approach from the last item you spoke on and really were quite controlled in this one and quite coherent. I... _ Mr. Gibbs: What, last night? Well, I guess people get hot and bothered on =_ .- that other subject. What can I say? Mayor Suarez: Yeah, yeah. I would... I had to rush in to hear your presentation, it was so eloquent. Yes, Mr. McMaster. Mr. Jim McMaster: Jim McMaster, 2940 S.W. 30th Court. Mayor Suarez: Jim, if you are going to oppose it... Right? Mr. McMaster: No. Mayor Suarez: No. - Mr. McMaster: No, I... You know, everyone seems to have passed... = Mayor Suarez: They said, "Watch out for McMaster. He may be the only person..." No. Mr. McMaster: Yeah. Everyone seems to have passed me by. 206 February 25, 1993 Mr. McMaster: Well, I think it's very clear that when you have, I think, a majority of the residents of the Coconut Grove want this - you have Mr. Steiner and the Chamber of Commerce, you have Clark Cook here. We've all worked on this very long and hard. I think the... Forgetting... I think J.L. is right, these are very important issues, but forgetting all the other Issues, It's very clear. We have two choices. We can either approve some sort of plan that will develop some sort of fund that can fund policemen in the residential areas to enforce "No Parking" signs, that can help with new traffic lights, that can shuttle... you know, build something on the Harrison property, leave him the air rights - he gets money in his air rights also - or we can... I see the only other way out of this for this Commission is simply to say, throw your hands up in the air, OK, we're going to wipe the books clean, everybody who is out there right now, who has broken all the rules, is going to be grandfathered in. And then they're grandfathered in and from now on, we're not going to let anybody else do this. We've been letting everyone do it for ten years now, but the City of Miami is finally going to crack down. From now on, no one else but you all are grandfathered in. And I don't think that that's a viable option. Commissioner Plummer: I don't either. Mr. McMaster: I think we've been waiting for years for this, we've been very patient, all of us have gotten together, and there are a great number of problems other than simply the parking issue. Commissioner Plummer: Yeah. But you see, here's where your... the fallacy, in my estimation. And I keep coming back to the same point. You pass this ordinance, and some of them come up here and they pay their money, whether it's the $480 a month, or $10,000 lump. And then Clark Cook canes back here a year from now and says to us, "Guys, I'm really sorry. We just can't do it." And let me tell you something - not to his detriment, because he wasn't there - but let's all remember Coconut Grove Playhouse. You can say nitpicking there, or whatever there, it didn't happen. Now, here you are. You're going to pass this ordinance. You're going to collect some dollars, without any definite location, without any definite financing plan, and you're going to expect this Commission to make damned sure that those 758 spaces,... and that man's going to come back here and say, "By God, my board says no way." No wayl And then you're going to look at us and you're going to say, "You guys passed the thing and you guys collected the money." Mr. McMaster: You know, 'I see... Commissioner Plummer: Now, let me tell you, if Clark Cook wants to... Mayor Suarez: That's inconceivable. That's inconceivable. Mr. McMaster: Right. Mayor Suarez: That it would take a while, that this is not the complete solution, all of that you can argue. 207 February 25, 1993 _,1 17U Mayor Suarez: But that ultimately, if you get the money, and you have plenty of market for parking... Commissioner Plummer: If you get enough money. Mayor Suarez: ...that's inconceivable that he would... he and his board would say that. Commissioner Plummer: If you get enough money. Mayor Suarez: Right. Commissioner Plummer: OK. That's the... Mayor Suarez: But at least you're beginning to pile it up. In the usual circumstance, you would argue... you, J.L. Plummer, would argue, begin collecting the money before you do a heck of a lot else. Commissioner Plummer: I'm sassing a plan. Mayor Suarez: In this case, they're saying the only way to begin that, other than people just offering it, which is not going to happen, is going to impose something so that we can begin collecting it. Commissioner Plummer: Yeah. But Mr. Mayor, you see, the point... Let me tell you, this is the catch-22, in my estimation. There are people out there, who won't sit here and admit it today, who will be glad to pay you $40 a month per space, that are dying to sell. And buddy, the minute you pass this ordinance and they can put up that $40 a month, they're going bye-bye. And whether or not somebody else comes in, or that place stays vacant, is going to make or break that ordinance as to whether or not there are ample funds. OK? Mayor Suarez: Well, let me analyze what you're saying this way. Vice Mayor De Yurre: Let me understand something. Why would they want to... Why do they have to wait to leave for those $40? Commissioner Plummer: Because they can't... Under... What I'm told now, legally, they cannot sell their business because they're not in compliance. Nobody would buy it, because they're not in compliance. Mayor Suarez: Is there an aspect of this that is, in fact, an amnesty that is being created in the law that allows people to transfer rights that they presently don't have, because they're technically in violation - we heard quite a few hypotheticals of those... Commissioner Plummer: You know, that's why... Mayor Suarez: ...and that somehow, as Commissioner Plummer is saying, if we've estimated the market entirely wrong, what we will have done is just allowed a bunch of people who are illegal to transfer, and have created a legality where one didn't exist before and that is part of the problem that we have, and part of the 1,000 spaces. 208 February 25. 1993 Mayor Suarez: Maybe three, maybe four, maybe five hundred of the spaces, maybe two hundred, are clearly illegally... I mean, the result of illegal actions by existing businesses. The moment we pass this, before we collect a single penny, are we not, in effect, passing an amnesty bill and not creating legal rights for people who are scofflaws, in effect? Commissioner Alonso: Yes, but... Mr. Jones: Mr. Mayor... Commissioner Alonso: Two other options then... Mayor Suarez: No, I'm not sure there is any other option. I'm just... I mean, other than closing down a bunch of people. Commissioner Alonso: Two other options then - either we grandfather the businesses, or we say we will close them. Mayor Suarez: Right. Commissioner Alonso: I don't think it makes sense. Mayor Suarez: I just want to put on the table his concern... Commissioner Plummer: Excuse me. Mayor Suarez: ...because it makes sense if we... Commissioner Plummer: I think there are other options. Commissioner Alonso: like what? Commissioner Plummer: OK? I think that if you could come up with a definite number, as to a location where you're going to put it, for the 750 spaces, you come up with a definite cost factor - OK? - then I think you can pro rate exactly what they're going to cost per space, and people are obligated for that. None of this $40 a month and you can run Venezuela. Mayor Suarez: Yeah. It could be a lump sum, or it could be a fine imposed on the ones that are somehow illegal... Commissioner Plummer: That's it. Mayor Suarez: ...or closing down. Mr. Maxwell: Mr. Mayor... Mayor Suarez: Jim, we interrupted you and then we're going to... Vice Mayor De Yurre: Mr. Mayor, before... 209 February 25, 1993 Mr. Maxwell: Mr. Mayor... Commissioner Alonso: Maybe there's a possibility. Mayor Suarez: I'm sorry, Commissioner... Vice Mayor. Vice Mayor De Yurre: I'm thinking we need to get some cohesiveness here as to — what we want to accomplish. We... I think we all agree that there's a need to deal with the problem. Commissioner Plummer: Correct. - Vice Mayor De Yurre: We recognize that there 1s a problem. We recognize there is a shortage of parking. We also recognize there are a number of businesses that right now are illegal, that somehow are operating and I think it's basically through our fault that we've allowed them to be in that position. There are a number of businesses that are open that can't have tables inside. We need to find a program, we need to come to a conclusion as to what is fair. And if part of this program means that before we do... Commissioner Plummer: Not only what is fair, what can be achieved. Vice Mayor De Yurre: ...we go to step B and we have to identify a location, so be it. But we need to have something that we can say, "We accept this _ plan. It's fair to everyone and let's go ahead with it." One of the things... last night I met with a number of the individuals who are here = tonight. Commissioner Plummer: Yeah. But what happens when you collect this money for two years and nothing happens? Vice Mayor De Yurre: And one of the things that I felt that we needed is to create what we had in the Civic Center... Commissioner Plummer: What have you accomplished? Vice Mayor De Yurre: ...which is a district, a parking district. Commissioner Plummer: Oh, I've to have a... Vice Mayor De Yurre: ...a parking district, much like we have at the Civic Center, where we can set boundaries and identify the number of spaces that are needed for the functions that are there and to provide parking for these areas. We talked about charging $40 per month right at the onset... Commissioner Plummer: Forty. Vice Mayor De Yurre: Forty dollars per month per space at the onset, to legalize businesses who are not legal at this point in time. You're not dealing with the issue, which is to provide parking. All you're doing is saying, "Heyl Pay us and you can go ahead and operate. Now you're legal." So, that's not dealing with the problem. I do feel, however, and I spoke with Clark Cook - He's still around here somewhere. There he is. 210 February 25, 1993 Commissioner Plummer: Yeah. He's there. Vice Mayor De Yurre: About building parking garages and where does the money really have to come from and does he have the money. He expressed to me that he has the wherewithal to build the facilities. The issue is the money to maintain the facilities, the cash -flow to operate the business. Commissioner Plummer: Yeah. Vice Mayor De Yurre: If we're talking about it, the number that they threw at me last night was 700 spaces that are needed by existing businesses, 700 times 40, that's $28,000 per month. It's about $350,000 a year. Looking at numbers, a 400 space garage would have a debt service - I think you spoke about 250, maybe $300,000. So, basically, dust this amount of money would cover the debt service, understanding that what, basically, you have in operation of the parking garage is, without this concept, the money that you make is whatever comes in through that gate. That is the total amount of money that you make. Now you're being assured that your debt service is going to be covered. Well, maybe it's covered BO percent, maybe it's covered by the 100 percent. But with the money that you're going to pick up from the general traffic that's going to be coming in regularly, you'll have more than enough money to pay for that garage. So, I don't believe that money Is an issue, when we get to this problem, we can... Commissioner Plummer: Oh, I do. Vice Mayor De Yurre: ...we have the money to build the garage and we can set the ordinances to provide- the money to pay for the maintenance of a facility. Commissioner Plummer: Victor, let's not forget we're paying almost $1,000,000 a year for a parking structure downtown that is not meeting the requirements. And everything you have said about parking in Coconut Grove applied to that parking garage that we're paying $1,000,000... almost... Isn't it a million? Mr. Cook: It's a million one. Commissioner Plummer: A million one subsidy every year, to pay off the bond. We can't sell the damned thing. We can't get rid of it. We can't give it away. Vice Mayor De Yurre: There's one difference, J.L. There is one difference. If we said... If we create an ordinance and that ordinance dictates that for these businesses that are illegal, that need the additional parking space, if they want to have an occupational license, if they want to be open, they have to pay their monthly amount. And it's very simple to regulate. You have a computer - did they pay this month? No? Go shut them down. Oh, here's a check. I'm sorry. It's not that difficult to regulate that kind of thing. You're going to have a cash flow, a stream of income that is going to be set for many years. If a business closes down, Ted Stahl sells his place, they open up a restaurant there. It's... And they're going to need X number of spaces. The balance will maintain itself. We talked about Clark said that because I had a problem that here you are collecting money from individuals and you are not putting it into a parking garage. He says, let's build up a pool of money that we can use, in case there's a shortfall, to subsidize that 211 February 25, 1993 parking garage from the monies that are going to be collected from the next... from the first two years, before something gets actually built. Those are monies that are going to be there. We can put it in trust, we can put it in a pot and that money is going to be there to subsidize that parking garage. So, as far as monies are concerned, I don't see that as being a problem at all. Location is an issue. There's no question about that. And 1f we can put it... create a program wherein we... in order to implement this we have to identify a location and maybe negotiate, or maybe with the initial cash money that we collect we can put a downpayment and buy the land or whatever, we can start doing things like that. But I think that we... it behooves us to walk out of here with at least conceptually something that we can work with that is sorely needed, which we all agree that is needed in the area. Mr. Rodriguez: Yeah. Vice Mayor De Yurre: So, let's not... Really, you know, let's not let this thing just slide here tonight. Let's come to some kind of conclusion as to proceeding positively on this matter. Mr. Rodriguez: The... May I say something? Mayor Suarez: I... Mr. Rodriguez: One second. Mayor Suarez: It sounds like we're getting repetitive. Is there anything that we're forgetting here... I mean, the analyses have been done, one Commission meeting for an hour, another one for forty some minutes, each one of us has been briefed extensively - I've never been briefed so much on an issue in my entire life, I don't think , so if you can stick to specific things that might be of concern. It sounds like it has a consensus up here. Mr. Rodriguez: Yeah. And even in the issue of money, Commissioner De Yurre, the figures that we have were based on the information that we received from Mr. Cook. If the figures have to be revised between the first and second reading... Mayor Suarez: Very good. OK. Mr. Rodriguez: ...to reflect a larger figure, I think you solve that problem. Mayor Suarez: All right. Jim, anything that is a reservation about this %;^ anything? Mr. McMaster: I just think there are sites available. The problem, in Coconut Grove, is every time someone thinks of a site, they think of a transitional site. With property values the way they are now, there are sites available. They're constantly coming on the market. Mayor Suarez: OK. Mr. McMaster: There have been several in the last year that have come on the market and if they don't build a garage for several years, they will build up the money to be able to purchase the land. I really... Again, I really do 212 February 25, 1993 think there are only two choices here - a choice of saying, OK, we're going to reward the people who have been operating illegally and ignore this and _ continue with the parking problem in the village center and the surrounding residential neighborhoods, or we're going to do something, which my understanding is most of the restaurateurs are anxious to become legal, they're anxious to do this. We are offering the City, through the Off -Street Parking Authority, money and I think we should take it to solve the problem. Because just saying, everything's fine, we're going to let this slide, is not an acceptable alternative to anybody, I don't think. Thank you. _- Mayor Suarez: Very good. Ma'am? There we go. Ms. Barbara Lange: My name is Barbara Lange and I live at 3495 Main Highway -- and the residents of Abatare and Camp Biscayne are opposed to this without a site location. And if that site location includes the Coconut Grove Playhouse, they will be opposed to this. Mayor Suarez: OK. Mr. Francisco Diaz Rivas: Yeah. I'm Francisco Diaz Rivas, 3131 Commodore Plaza, Janjo's. One of the problems that I have with is that I look at Miami Beach a lot and right now, a lot of the fine restaurants in Coconut Grove are in a crisis. They are losing a lot of business. Coconut Grove, I believe, is no longer looked upon as avant-garde. The customers that we want don't even want to mess with Coconut Grove. Even the residents that live in Coconut Grove don't want to come to the central Grove, nor the people in Coral Gables. — I believe... Mayor Suarez: That's not what we hear, but... Mr. Rivas: Well, no. All you have to do is spend as many hours as I do 1n Coconut Grove and on the sidewalks and you'll see it. Ocean Drive dealt with their problem very, very fast, by providing valet service in front of every single establishment and their... and each of their respective businesses. They allowed private business to deal with the parking problem. They didn't build any additional parking spaces. They don't have any offstreet parking. They contracted... Mayor Suarez: Well, you're pointing to the single most difficult area of Miami at night to traverse in an automobile or to park, as being the solution to the Grove, but I don't know, maybe you view it differently. And telling us that the Grove is somehow... Mr. Rivas: Well, no. You go to... It you want to go to a restaurant... Mayor Suarez: The eateries in the Grove are all in bad shape... Mr. Rivas: ...if you want to go... Mayor Suarez: ...and we have to use the Ocean Beach example. That's interesting. Mr. Rivas: Well, because it's a very similar example. They have a lot of traffic going in. 213 February 25, 1993 �2r Mayor Suarez: Yeah. Mr. Rivas: They have a lot of concentration of restaurants. But when they want to go to a restaurant in Miami Beach, a patron Can go directly to the door of the restaurant and have parking and that restaurant can survive, regarding the... Mayor Suarez: Yeah. Valet parking is a solution, if you're sure the car is going to be parked in offstreet and not in somebody's neighborhood. Mr. Rivas: Well, you can enforce that. I think that if the City of Miami Beach can enforce... We've never... Mayor Suarez: And that's ... That may be part of the solution. Mr. Rivas: We've never tried it. Mayor Suarez: But we have some valet parking provisions... Mr. Rivas: No. Mayor Suarez: ...in Coconut Grove. I don't know that they've always... Mr. Rivas: No, they're all illegal. And then the ones that are operating have been... Mayor Suarez: I'm getting... We don't have any valet parking provisions in Coconut... Mr. Rodriguez: Yes. We do some valet parking and they're not all illegal. Some of them are legal and... Mr. Rivas: Well, some... Recently, recently. But it used to be... Mayor Suarez: No, I mean, the idea of valet parking, that solves certain things, if it's done right. Mr. Rivas: Well, secondly, one of the things that concerned me about this proposal, a site... I agree with everything that Mr. Plummer said. The traffic problem is the main problem - the flow of traffic. And that's one of the most important things that has to be addressed first, regarding a site. Ron Fines old site, there's still a lease there, with the post office, at seven dollars and half foot that goes over to the year 2022 to the year 2025. You can negotiate that. The other... But regardless of all that, the thing that concerned me most about this ordinance, is two things. The first one is that this ordinance, it was almost like dealing in medallions, like taxi medallions. And I thought that we had maybe 250 spaces, in terms of violations. Are we going to... What is going to happen? Like what happens with all of these parking spaces? Let's say this ordinance passes. How many spaces are extra after all these people are brought up to Code? Are people going to be able to buy extra medallions and then build a project somewhere in Coconut Grove and now not be required to put a parking garage and then increase more? I mean, what is... No one has address that issue and I 214 February 25, 1993 r _ thought that this was almost like a business venture in order to broker medallions. As to the businesses in Coconut Grove that are in violation, I think it would be a crime and a disaster if you force those businesses to —_ close, even if you don't resolve this issue. Mayor Suarez: Well, that's the alternative to this ordinance. Mr. Rivas: Well, I think that that would be a big mistake. Mayor Suarez: So, you're in favor of that... certainly, that... Mr. Rivas: I'm in compliance. Mayor Suarez: ...that part... Mr. Rivas: But I know that there are other restaurants in the Grove that are s� not in compliance and it happens that some of the restaurants that are not in compliance are the finer establishments. Now, this City amended the Miami City Code years back, when we did the Cocowalk and we did a lot of things where we basically created one big bar. All right? And we don't have... We ._ have a greater concentration of people just drinking and not eating. We have = - eliminated... We are going to be eliminating a lot of the restaurants that �- are currently in violation and, basically, what we're going to have now in Coconut Grove is just one beer -drinking place. I think that we've got to make an effort to find a solution for these people... Commissioner Plummer: It's not all that bad. Mr. Rivas: ...that are in violation ... Commissioner Plummer: It's not all that bad. Mr. Rivas: OK? Because they are important... They're... It is important that you keep those, and then try to find a solution with the valet parking and try to clarify exactly what the deal is so that if this is proposed, what is... how are people going to be awarded these parking spaces? Is 1t only going to be offered to those people who are in violation and 1s someone going to be able to bid on those extra medallions? Because they keep talking about 1,000 spaces. Mayor Suarez: OK. At... Some of your arguments argue very, very much in favor of the ordinance. Some others... Mr. Rivas: Well, it's not... Mayor Suarez: No, no. Please, please. You've made your statement. Vice Mayor De Yurre: Mr. Mayor, if I may? Mayor Suarez: Yeah, Mr. Vice Mayor. Vice Mayor De Yurre: Because I don't think that tonight we're going to come to a conclusion. And yet, I believe that what we have here, based on the input that we're getting from the different Commissioners, some work needs to 215 February 25, 1993 be done with what is being proposed. And yet, what is being proposed is something that has been thought out, that a lot of work and time has been put into it, that certainly can't go away, because something must be done about this. I would like to, at this time, to be allowed, and I'll volunteer to work with the community in trying to better this ordinance and try to put it together, understanding the concerns that are up here, as to location, as to the restaurant situation, as far as availability of space and things of that nature, to work with them and try to create something that would be more palatable to the Commission as a whole. Commissioner Dawkins: Mr. Mayor... Mayor Suarez: All right. If we should conclude that we can't agree on something here tonight, that may be the way to proceed. Commissioner Dawkins. Commissioner Dawkins: I'm not in favor of this, but the residents are. Now, those people out there who want to spend their money, I'm in favor of letting them spend it. But I'd be hypocritical if I were not to say, I do not believe it's fair for me to accept $10,000 from a business, knowing that I do not have one parking space to produce for that $10,000. I agree with the gentleman with the sweater on, there are a lot of people... Unidentified Speaker: Yeah. Commissioner Dawkins: ...who would love to come to Coconut Grove for dinner. There are a lot of people who would like to come to Coconut Grove for lunch. But they cannot come to the Grove because there is no parking, so they end up going to Crystals and other places in Coral Gables, because they have surface parking and they've got parking garages. The money will not, in any way, eliminate the flow of traffic and the traffic problem on Main Highway. You can pay me $20,000 per unit and you will still have the crowded streets of Coconut Grove. But I will say this in closing, having been here 12 years, I know how it started. I think I can remember the first time we did it. In the building now in which is housed Fuddrucker's restaurant, this Commission allowed high-priced zoning lawyers to come in here and encourage us to vote to let the building go up without parking. And then another lawyer came in and that's how it started. So, it's not your fault. It's not Miriam Alonso's fault. It's not the Mayor's fault. It's not Victor's fault. But Plummer and I must share in that fault, because we sat here and voted for that. OK? But there... Mayor Suarez: See what your blues brother does to you at the end of the day. Commissioner Dawkins: But there again... Commissioner Plummer: That's right. And he's running for reelection this year and I'm not. Remember that. Commissioner Dawkins: That's right. But all told... all stretches of the Imagination, this isn't going to solve the problem and my vote is do not accept one penny from nobody, as Commissioner Alonso said, grandfather everybody in, and when you find a spot that you can put a parking garage on, then come back and sit down with me and talk about who can pay money. 216 February 25, 1993 a Mayor Suarez: Any more objectors here? Mr. Hamish Ziegler: Objector, yes. Hamish Ziegler... Mayor Suarez: OK. Make it as quickly as possible, so we can... Mr. Ziegler: ...3168 Mary Street. What you're doing is you're proposing to develop more, in order to ameliorate an overdevelopment problem. That's what's happening here. Business is trying to expand its space in order to accommodate more visitors, where residents don't want any more visitors. That's basically the problem. That's what's happening, if you want to get right down to it. And then the residents... And I'm a resident and there are several others here who do not want parking garages. We don't want more accessibility to the Grove, we want less accessibility. Now, I know this may go against some merchants but the things it is that the Coconut Grove, since I've been here since 1973, has expanded so much in the business sector, it was never meant to handle 50 restaurants or 60 restaurants. This is a village. :it's a small place and you've run out of space. That's the situation. Now, 14r. Gibbs... Tucker Gibbs, and many other people have worked hard on this parking ordinance and I'm not here to demean the work that they've done, but I think that building more buildings, like parking garages, is not what the residents want. We don't need that. We don't need more development. So, I think you ought to reconsider this. There are other ways, like enforcement, stopping the cruising. There are plenty of other things that need to be done first, before this is done. Thank you. Mayor Suarez; Very good. And no one has mentioned it, but... I don't think it has been mentioned, unless I missed it 1n discussion, but a moratorium on any kind of development would be interesting too. Ms. Ellen Tanner: My name is Ellen Tanner. I live at 2 Grove Isle Drive. I never thought I'd live to say this, but I agree with Commissioner Dawkins and Commissioner Plummer. I would have to oppose this until a site is established and the cost is established. That's all. -� Mayor Suarez: All right. Yaromir. _ Mr. Yaromir Steiner: Yaromir Steiner, 2901 South Bayshore Drive. I'm speaking as the... for the Coconut Grove Chamber of Commerce, which supports this ordinance and the effort which was done by the whole... all the groups and we hope that you will pass it in first reading. And then we will... Commissioner Plummer: Let's go home. Mr. Steiner: ...definitely welcome, you know, the Commissioner's working to improve the ordinance, in cooperation of its residents, between the first and —� second reading. For Commissioner Plummer, the idea of putting the garage under McFarlane is mine and I apologize for it. He embarrassed me more than once tonight. Commissioner Plummer: Well, I got a big laugh out of it. Mr. Steiner: I know. Well, in Paris, all the parking garages are under the streets, but I guess it was not a good comparison. But I would like to make 217 February 25, 1993 two points to, I think, where you are. The first one 1s we will work between now and the second reading to propose to you a selection of locations and a preliminary pro forma, working together with the Parking Authority. So, the message 1s well received. And the second thing 1s we... I think that there's a fallacy in your reasoning when you say once this ordinance passes, the businesses are going to go away. You're assuming that there's going to be buyer of a restaurant, who might pay half a million, one million dollars, and then close the place. I mean, either someone will buy the restaurant to operate it as a restaurant, in which case he'll continue contributing to the fund or he will never purchase the restaurant. Commissioner Plumper: Can I interrupt you for one minute? Mr. Steiner: That's all 1 had to say. Commissioner Plummer: To the proposers, or to the Department, Clark has handed us a cheat sheet here. I'm assuming, 1f I'm not mistaken, that this garage or facility would have to be, by our Code, open to the general public. Mr. Cook: Yes. Commissioner Plummer: Totally? Mr. Cook: Absolutely. Commissioner Plummer: OK. Now, 750 parking spaces at $40 per month equates itself out, according to these numbers, and you're just a little off, of $360,000 a year. Now, they're talking about a 70/30 split - 70 percent to retire the cost, 30 percent for management. Mr. Cook: No. That 30 percent... that's clearly understood. Commissioner Plummer: OK. Let me correct that to make sure that Mr. Cook: During the negotiations on this issue, I strongly recommended that all the... as many dollars as possible go to create parking spaces, rather than some other sources. The 70 percent is that money that would go to create parking spaces, which would be the money, such as Mr. De Yurre suggested - Commissloner De Yurre - that we would retire the debt with or that we would pay the debt service with, or that we would help buy land with. Seventy percent of that money collected would be the money that would be put in a trust fund and couldn't be touched until we had a facility to build. Commissioner Plummer: OK. My question is, nothing has been said on this cheat sheet, what would the anticipated revenues be for the people who were parking there? Have you figured that? Because you don't have it here and I think that's... Mr. Cook: Well, I think... we... Commissioner Alonso: May we have a copy of what Commissioner Plummer is... Commissioner Plummer: You all got one. 218 February 25, 1993 -3 Mr. Cook: Yes, I'm sorry. - Commissioner Plummer: Everybody got one. Mr. Cook: I saw Commissioner Plummer... Commissioner Alonso: No, 1 don't have one. Mr. Cook: I didn't hand one to... _3 Commissioner Alonso: No. —' Mr. Cook: I saw Commissioner Plummer figuring and I figured he was — multiplying 40 and I was just trying to help him. Commissioner Plummer: Oh, I was. Commissioner Dawkins: OK. What is the... I mean, I'm lost. Commissioner Alonso: We need copies of this. Mr. Cook: Yes, ma'am. Commissioner Dawkins: You say 70... Mr. Cook: Yes, ma'am. I'm sorry. - = Commissioner Dawkins: Clark... — Mr. Cook: Yeah. Commissioner Dawkins: ...I'm lost. Commissioner Pluniner: I came up with $363,000, by the way. Mayor Suarez: Seven hundred and fifty parking spaces, $40 per is $30,000 a month times 12 months a year is $360,000. All right, ma'am. Commissioner Plummer: OK,. But what... - Commissioner Dawkins: You said... No, wait. Let me... Commissioner Plummer: Excuse me. What is... What would you anticipate... _s _ Of 750 parking spaces, what would be the anticipated revenue from that? I -= mean, you know what your rates are. You know that it would be 50, 60, 70 ---- percent occupied. What you would anticipate? The point I'm trying to nmake, — Clark, is simple. If you have $360,000 that ou're collecting from the o merchants, I've got to believe you've got another 200,000 from the revenue... I'm conservative. OK? That's a half a million dollars. What is it going to cost you to build that structure? It shouldn't,.. Mr. Conk: 1 think we're going in a lot of detail, but... - 219 February 25, 1993 u Commissioner Plummer: I don't think financing is really the problem. Mr. Cook: Let me... Mayor Suarez: Give us an estimate on a parking structure, 750 spaces... Mr. Cook: No, I... Mayor Suarez: ...please, Clark, so we can move on. Vice Mayor De Yurre: That's why I've said that money is not are issue. Mr. Cook: OK. Vice Mayor De Yurre: The money is there. Mayor Suarez: Just so we have an estimate, since the Commissioner wants an estimate, what would it cost to build? What are they $10,000 each, typically? Mr. Cook: That's without land cost, I might add. Mayor Suarez: Without land cost. Mr. Cook: Yes. Mayor Suarez: be? If we had,the land, it would be... What does that work out to Mr. Cook: A four hundred size parking garage would run about $5,000,000. Commissioner Plummer: So, for double that would be $10,000,000. Mayor Suarez: Seven and a half million bucks for... Commissioner Plummer: OK. Ms. Maryann Andrews: My name is... Mayor Suarez: Without land. Commissioner Dawkins: How much square footage would you need to put that on? Commissioner Plummer: Depends on how high you go. --=� Mr. Cook: Commissioner, I'd have to guess at that. That would der you went. Obviously... Commissioner Dawkins: No, we aren't going that high in the Grove. about the height. Mr. Cook: Yeah. Well... - Commissioner Dawkins: Say four feet... four stories, at the most. 220 February 25, 1993 Commissioner Dawkins: No, just... Mayor Suarez: Do a quick calculation white we... Mr. Cook: A quick... Mayor Suarez: No, no. While we go on to the next witness... Mr. Cook: Yes. Mayor Suarez: ...and give us back the figure. much acreage would it take? That's a fair question. Now R==- Ms. Andrews: well, that's really why... a perfect timing. Mayor Suarez: Very good. Ms. Andrews: I'm Mary Ann Andrews. Mayor Suarez: And he's going to figure it out and give it to us. Yes, ma'am. Ms. Andrews: I'm Mary Ann Andrews. I live at 2818 West Trade Avenue in Coconut Grove and I'm a resident here since 112. And I went to have dinner on Sunda i ht i th G d I ld 't y n g n e rove an cou n find a place to park. So, I thought to myself, where would be the best place? I personally feel that the post office site is the most affordable and, although I hate parking garages, incidentally, I'm torn on the issue, quite frankly. I'd rather not have a parking garage, but if it does get to that, and it could be done properly, with a study, I feel that at 20 a square foot, that site is really an affordable site. Mayor Suarez: Oh, but the last thing we can... Ms. Andrews: You would not be... Mayor Suarez: The last thing we can do tonight is identify a site. What else do you want to tell us about this ordinance? Ms. Andrews: Well, the... Mayor Suarez: Is it good or bad? Should we pass it? Should we start collecting the money? Should we impose a moratorium? Should we hold everybody who's illegal and just close them down? What should we do? Ms. Andrews: I think you should have a study of at least three sites in Coconut Grove. A detailed study... Mayor Suarez: We should have at least three sites available, before we impose this ordinance? Ms. Andrews: Before you... 221 February 25, 1993 i Mayor Suarez: Before we enact it? Ms. Andrews: Before you enact the ordinance... Commissioner Plummer: Miriam, did you get a copy? -'AWtif.r AML Commissioner Alonso: Yes, thank you. Ms. Andrews: ...it seems that that's what the consensus is, that the business... the business owners... Mayor Suarez: Oh, no. There's no... The consensus where? Ms. Andrews: Well, of course, you're never going to have a consensus, because, like I said, it's a very controversial issue. But if it comes to - that, you should have that, and consider this site, perhaps the bank site, and one other site, and have all of the numbers... t-� Mayor Suarez: All right. So, we should have at least three sites before we do much else. = Ms. Andrews: Right. Mayor Suarez: All right. Ms. Andrews: And, I was... I'm going to give this to Mr. Cook, which is the... Mayor Suarez: Yes, absolutely. We're very interested in that. Ms. Andrews: ...all the information on... _ Commissioner Plummer: Well, I've said before and I'll say it again... — Ms. Andrews: And the other thing... One other... Commissioner Plummer: ...I'll vote for first reading, but I'm not for second without site or financial. Ms. Andrews: And one other thing, on that site, I don't think you should develop the Florida Avenue part as part of the garage. I think there's plenty of room on grant. - =' Mayor Suarez: Oh, please. Let's not go into the details of how a particular site would be developed. Ms. Andrews: Right. - Mayor Suarez: That would really be much beyond the specificity of where we are. Ms. Andrews: I'm sorry. 222 February 25, 1993 - 4 Mayor Suarez: We're not sure we have a consensus here on anything. Ms. Andrews: I know, but I'm just... _ Mayor Suarez: Oscar and then Steven... Ms. Andrews: That's all I wanted to say... Mayor Suarez: ...and then we've got to wrap this up, folks. It's 9:03. — Let's... Commissioner Alonso: Yes. Mayor Suarez: Then we've got to do one or two other clean... housecleaning items, so... Mr. Oscar Gaetan: Yes, my name is Oscar Gaetan. I live at 3500 Glencoast Street 1n Coconut Grove. I'm also a business owner 1n Coconut Grove. The point that I wanted to bring up is I think we need to clarify what the intention of grandfathering was, because that was an issue that I brought up before the Planning Board. Commissioner Plummer: Excuse me. If I'm not mistaken, I think the using of the word "grandfather" is totally out of character. It is compliance. Mr. Gaetan: Right. Commissioner Plummer: There 1s a big difference between grandfathering a project and compliance of a project. Grandfather makes them legal and they can never rebuild or anything of that nature. Mr. Gaetan: OK. Commissioner Plummer: The compliance, I think, is what we're talking about here, bringing these people into compliance. Mr. Gaetan: OK. I think that... Commissioner Dawkins: OK. But is... Mr. Gaetan: I think that that point... I'm sorry. _ Commissioner Dawkins: Let me ask one question, please, sir. Is compliance free? Can you bring them into compliance free, without a fee? Commissioner Plummer: You could, if you wanted to, but that's not what's proposed here. — -- Commissioner Dawkins: OK. That's all. That's good enough. That's all I need. Because I know grandfathered in would be free. Commissioner Plummer: That's not... Mr. Gaetan: OK. I... 223 February 25, 1993 a x —t Mayor Suarez: I think you... of... =? Mr. Gaetan: I think... Yeah, he meant grandfathering in the sense Mayor Suarez: ...from that point forward they would be legal. All right. Mr. Gaetan: That's what I wanted... Mayor Suarez: As long as they paid. Mr. Gaetan: What I want to bring forth is that what is happening here is that there are ordinances that are interlocking here and what is actually going to happen is that people, like myself, who are now in compliance, and do not need to be grandfathered in, when the sidewalk ordinance changes, it will take me out of compliance. And the point that was being made... Because you have different pieces here at work. And the point that was being made in the planning meeting was that the intention of the entire piece was not to take people who were now in compliance and put them out of compliance, so that they would... Mayor Suarez: In what sense would they be out of compliance? Commissioner Plummer: I'm lost on that one. Mr. Rodriguez: If I may... Commissioner Alonso: Because of the sidewalk cafe, right? Mr. Rodriguez: Let me tell you what happened. sidewalk cafe... Commissioner Alonso: Sidewalk. Commissioner Plummer: What business are you? Mr. Gaetan: Sharkey's. Commissioner Plummer: OK. Presently, when you have a Mr. Rodriguez: Presently, when you have a sidewalk cafe, you don't have to have parking for the sidewalk cafe. Mayor Suarez: All right. Mr. Rodriguez: The ordinance requires parking for sidewalk cafes. Mayor Suarez: Right. Mr. Rodriguez: What happened in the past, not in this particular case, is that some people applied for a takeout establishment only and then... Mayor Suarez: Right. And they're not in compliance now. 224 February 25, 1993 Mr. Rodriguez: ..at that point... Well, what they did, they asked for a sidewalk cafe, and they started serving the sidewalk cafe and became a restaurant. - Mayor Suarez: Right. _— Mr. Rodriguez: And that's what... -- Mr. Gaetan: Well, no. The people... __ Mayor Suarez: And we could argue... Mr. Gaetan: The people who are not in compliance are people who have inside— service.— Mayor Suarez: Right. They started as takeouts and ended up as inside restaurants... Mr. Gaetan: Right. — Mayor Suarez: ...with sidewalk cafes and... OK. But your point is legally —_ you are concerned about being held to be in noncompliance the moment the ordinance passes. In which sense is that correct? In the sense that you have to now contribute to a fund? Mr. Gaetan: Correct. Mr. Rodriguez: Right. Mayor Suarez: That's because... Mr. Gaetan: Well, I'm going to bring the point that... Mayor Suarez: But how does that... Mr. Gaetan: ...that was... Well... Mayor Suarez: You ,just don't want to be classified with people who were not in compliance before the ordinance. Mr. Gaetan: No, no. What I'm saying is that you have made... Mayor Suarez: I mean, I can't blame you for that, but... Mr. Gaetan: ...you have made decisions throughout the years that have made people in compliance. Mayor Suarez: Right. Mr. Gaetan: OK. Typically, when a zoning changes, which is what this will be, you don't go backwards... Mayor Suarez: Right. 225 February 25, 1993 F � � Mr. Gaetan: ...and say to... Mayor Suarez: Although we can. Mr. Gaetan: ...Cocowalk... Mayor Suarez: Although we can. Mr. Gaetan: ...for instance. But what typically is done - I'm just talking about what is typically done - you don't go back and you say, OK, we have now changed the playing field and we go back to you and you should have had another 200 parking spaces, or another ten, or another anything else. Mayor Suarez: What do you suggest to... so that we... Mr. Gaetan: Well, my point was just to clarify that the intention of the Planning Board was not to bring into compliance... not to grandfather people who were not in compliance, because you cannot do that. Mr. Jones: That's correct. Mr. Gaetan: I think that the intention there was to grandfather people who were presently in compliance. Mayor Suarez: Well then... Mr. Gaetan: And I think that that's... Mayor Suarez: Then there are a bunch of different hypotheticals, folks. Then we don't have a built-in amnesty here for those who are not in compliance. And then this matter is much farther away from resolution than I thought. Mr. Maxwell: Mr. Mayor, if I may. Mr. Gaetan: No, no. Mr. Maxwell: Nonconformlties mean that at some point in time, that use was a legal use and you are now making it illegal. That would have to be the case in order for it to be grandfathered in. Mayor Suarez: Illegal in the sense that they have additional obligations they didn't have before. Mr. Maxwell: No. Mayor Suarez: They have to pay. Mr. Maxwell: No, no. Legal in the sense that you... it was actually a legal use. Mayor Suarez: I'm not talking about Sharkey's, someone like Sharkey's, where they have no noncompliance at this point, but as of the ordinance, they would have to make a payment. So, you could consider that in a sense, they have a new burden and in that sense they're... 226 February 25, 1993 ✓ 4 _ AOL Mr. Rodriguez: But in... Mr. Maxwell: You just established additional requirements. Mr. Rodriguez: But in reality, since they have to apply every year for a fee..e and pay a fee to apply for a parmit for sidewalk cafe, it is built in the fee ordinance for the sidewalk cafe that you can increase that fee. You're just defining it. Mayor Suarez: d have no doubt that we can do it. Commissioner Plummer: Yeah. But you see... Mayor Suarez: What is the practical significance of the distinction that Mr. Gaetan is making? Does he create a legal or a practical problem for us? Commissioner Plummer: He is legal to make illegal. Mayor Suarez: For him. Commissioner Plummer: For him it's a problem. Mr. Joe McManus: I think Mr. Gaetan is currently... Unidentified Speaker: No, no. Mayor Suarez: For us. Unidentified Speaker: No. Mr. McManus: ...concurrently paying $20 a square foot... Mr. Gaetan: No. Mr. McManus: ...per year to the Department of Public Works. Mayor Suarez: Right. Commissioner Plummer: Yeah. But you see, that's... Mr. McManus: We are saying, we want him to pay an additional $4.80 per square foot. Mr. Gaetan: Yeah. Mayor Suarez: OK. The rationale is that since already... Mr. McManus: And he's objecting to that. Mayor Suarez: ...he was already, in a sense, taking advantage of an extraordinary... Mr. Rodriguez: Deal. 227 February 25, 1993 a Of Mayor Suarez: ...ordinance, that all we're doing is just increasing the cost of that... Mr. Rodriguez: That's it. Mayor Suarez: ...and it's not really all that much different from someone who - is illegal today and we're allowing, by a payment of some fee, to, in effect, be brought into compliance. Commissioner Plummer: Yeah, but... Mayor Suarez: Is that a correct terminology for the people who are illegal today? Mr. Maxwell: Well, in order to bring them in, as nonconforming uses anyway, you'd have to at some point make it a legal use. And I haven't heard you do that tonight. =— Mayor Suarez: A legal. Mr. Maxwell: You have to make it a legal use. Mayor Suarez: Is that what the... Is that not what the ordinance does? Mr. Maxwell: I don't hear... No, sir. I don't think it happens. Commissioner Plummer: Yeah. But you see, you're trying to differentiate whether you serve to a table and chair under a roof, or not under a roof. If it's under a roof, they've got to provide the parking. Mayor Suarez: No, we're trying to differentiate somebody who did everything legally from someone who didn't. Commissioner Plunger: If they're not under a roof, you're serving the same people and you don't make them have any parking. But if that table moves inside, under the roof, then they've got to have parking. Something is really, radically wrong there. Ms. Lucia Dougherty: Mr. Mayor, can I make one observation? At the Planning Board hearing, Mr. Gaetan made this argument. And at the Planning Board, the Planning Board said, "You're right. You're in compliance today. We aren't going to make you pay any money.' So, they grandfathered in the businesses in Coconut Grove that are legal today and that's what the Planning Board did. So, he's not going to have to pay the money. Mayor Suarez: Is that our interpretation? Mr. McManus: That... Mr. Rodriguez: No, no. Mr. McManus: No, they did... 228 February 25, 1993 f Mayor Suarez: ph, that's lovely. At 9:09 we don't even know if... Mr. McManus: It's a planning... Ms. Dougherty: That's what the Planning Board did. Mayor Suarez: ...one particular hypothetical of the four that I reminded you all that we had at play here, and that we'd better know exactly what the situation is, we can't even agree on the implications of this ordinance. Mr. McManus: Mr... Mayor Suarez: Folks, I don't know what else we can do procedurally, unless you want to argue at night. I certainly have no problems staying here and arguing all night, but I know I'm going to lose my Commission, plus we're in violation of our policy. Commissioner Alonso: Can we pass this in first reading, Mr. Mayor... Mayor Suarez: If anybody wants to try to pass it in first reading, I'll certainly... Commissioner Alonso: ..,and work out the details, look for sites, potential sites and then come back for the second reading. And if it's the decision of this Commission to turn it down in second reading, let it be. But at least we will have an opportunity to have something working towards a permanent solution. Mayor Suarez: All right. Commissioner Alonso: I will move again. I did before. I will move again that we approve this in first reading, that we look for potential site locations and that we work out all of the items that we have discussed today and come back for second reading. I think this is the only way. Mr. Helfman: And 1f the Commission would like to ask Commissioner De Yurre to work with us, we would appreciate the help of coordinating it with the Commission. He has been involved and he understands the issues. Mayor Suarez: All right. So moved. Commissioner Alonso: Yeah. The only problem, as I see it, assigning a member =r of the Commission is if some of us would like to participate in some of the hearings, it creates a problem, because you will have conflict if we attend. Is that the problem? Mayor Suarez: They would all have to be notified as public... They would all have to be made public hearings. Mr. Maxwell: That's correct. You stilt have that problem if you designate someone to attend on your behalf of the whole Commission. Mayor Suarez: Either way, we have to abide by the Sunshine Law. 229 February 25, 1993 I . j* Mr. Maxwell: Either way, you have the Sunshine problem. Mayor Suarez: All right.. Moved and seconded. It sounds like nay vote could be decisive here. All right. We're on PZ what? Commissioner Alonso: Sixteen. Mr. Maxwell: Sixteen. Mayor Suarez: PZ-16 moved and seconded. Any further discussion? Commissioner Plummer: What is the motion? Mayor Suarez: It's to pass it on first reading. Commissioner Alonso: Look for potential site location, the recommendations made. Commissioner Plummer: For the record, so it is clear, I'm voting for it on the first reading. I will absolutely not vote it for second reading without a site plan or a finance plan. Commissioner Dawkins: Further clarification. I am against the motion, but because the people want it, I'm going to vote with it. But I will only vote with it if no money is collected until a site is located. Commissioner Plummer: That's what I'm saying. Commissioner Dawkins: I don't need to have anybody with... paying money and we do not have a place, or how much it's going to cost, or nothing. So, if the maker of the motion will amend the motion to say that no money is collected until after the second reading and if it passes, then you worry about collecting money. I would appreciate it. Commissioner ,Alonso: Well, I believe it's clearly understood. Mr. Rodriguez: That's understood. Commissioner Plummer: Owes without saying. Commissioner Alonso: This is only first reading, so yes, of course. Yes. Commissioner Plummer: It doesn't become effective until 30 days after second reading. Mayor Suarez: OK. Commissioner Alonso: Yes'. Mayor Suarez: It's not technically built into the motion, I don't think, Mr. City Attorney, but I guess there is an understanding that all of those things... Commissioner Plummer: Put... 230 February 25, 1993 f � MAZ I Mayor Suarez: ...would be built in before second reading. Commissioner Plummer: Put it in. Put it in. Mr. Maxwell: And you can't collect any money... Mayor Suarez: And they... Commissioner Plummer: 0o•it. Let's go home. Mr. Maxwell: ...until the ordinance goes into effect. That's at least 60 days off. Commissioner Plummer: I'm tired. Let's go to Succione's. Mayor Suarez: What did you say? =;d. Mr. Maxwell: He can't collect any money on this, until the ordinance goes into effect. That's at least 60 days fromm here. Not the 30 days the Commission... Mayor Suarez: Right. So, you're saying that it's legal what we're doing and it is in line with the desires of the Commissioner. Commissioner Plummer: Do it. Call the roll. Mr. Maxwell: That's correct. Mayor Suarez: Thank you. Read the ordinance, please. Commissioner Plummer: Let's go home. Mayor Suarez: Call the roll. 231 February 25, 1993 El AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 602. SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND 617. SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, TO CLARIFY REQUIREMENTS FOR REQUIRED AND SHARED OFFSTREET PARKING SPACES; TO ADD A PROVISION THAT PROHIBITS VARIANCES FOR THE REDUCTION OF REQUIRED PARKING, REQUIRES THE INCLUSION OF PUBLIC RIGHTS -OF -WAY AND OUTDOOR DISPLAY, SALES AND DINING AREAS AS PART OF THE FLOOR AREA CALCULATIONS USED TO DETERMINE OFFSTREET PARKING REQUIREMENTS; AND ADDS PROVISIONS ESTABLISHING A PROCEDURE TO ALLOW THE PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED OFFSTREET PARKING FOR NONRESIDENTIAL USES IN DISTRICTS SD-2 AND SD-17; AND BY AMENDING ARTICLE 25 TO PROVIDE A REQUIRED DEFINITION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by ,Commissioner Alonso and seconded by Vice Mayor De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: I'm voting yes with a clear understanding that if a space or place is not identified, and that you have a bill of sales or an option on it, I'll be voting no. Commissioner Plummer: You bet your hippie. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Quick question answering Mr. Diaz' Question. Do the people who are contributing to this fund have any parking spaces in this new structure earmarked for their use in any way? Commissioner Plummer: Absolutely not. You can't do it. 232 February 25, 1993 Ff Mr. Maxwell: No. Commissioner Plummer: It's got to be open to the public. Mayor Suarez: So, it's a very global fulfillment of prior obligations and then Mr. Gaetan's point... Mr. Rodriguez: Well, may I say something that maybe you can conside future is that maybe through a system of vouchers there could be... Commissioner Plumrrter: Well... Mr. Rodriguez: provide... Mayor Suarez: right. ...something worked out with the Park Authority t That's what he gets into when you talk about medallic Commissioner Plummer: We have... Well, no. Mr. Mayor... Mayor Suarez: You guys have a lot of work to do on this ordinance. Commissioner Plummer: Mr. Mayor, we have, for example, in the thir from the Dade Junior... we dedicated a part of that building to Junior and they had to pay a guaranteed cost. The Hyatt has a guarantee to the hotel that they have to give us a warning everyday and whatever they warn us, whether they use them or they don't, they have to pay for it. So, Mr. Mayor, what you're saying is, it could be worked out, if you wanted it. The precedent has been set. Mayor Suarez: All right. What's the companion item? Mr. Rodriguez: Seventeen and Eighteen. Commissioner Plummer: Move it. Move it. Mayor Suarez: Move 18. Vice Mayor De Yurre: Second. Mayor Suarez: Second. Any discussion? If not, please... Is it an ordinance? Mr. Maxwell: Yes, it is. Mayor Suarez: Read the ordinance, please. Call the roll. 233 February 25, 1993 r AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAM1, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC" THEREBY ADDING NEW ARTICLE VIII, ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND", PROVIDING FOR ESTABLISHMENT OF SAID FUND, SETTING FORTH REQUIREMENTS FOR PAYMENT OF FEES IN LIEU OF REQUIRED PARKING AND MITIGATION FEES FOR SIDEWALK CAFES, SETTING FORTH THE MANNER IN WHICH FUNDS ARE TO BE DEPOSITED, AND SETTING PROVISIONS FOR EXPENDITURES FROM SAID FUND, CREATING THE COCONUT GROVE PARKING ADVISORY COMMITTEE; MORE PARTICULARLY BY ADDING NEW SECTIONS 35-191, 35-192, 35-193 AND 35-194; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Vice Mayor Be Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Plumper: Eighteen. Vice Mayor De Yurre: Move 18? You have to move 18 also? Commissioner Alonso: Yes. Commissioner Plummer: Move it. Vice Mayor Be Yurre: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll on 18. Mr. Maxwell: Ordinance, sir. Mayor Suarez: Call the roll. 234 February 25, 1993 11 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 54, ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "STREETS = AND SIDEWALKS", "SIDEWALK CAFES", BY ADDING DEFINITIONS; ALLOWING NEW SIDEWALK CAFES IN - CONJUNCTION WITH A "FOOD ESTABLISHMENT - TAKE OUT ONLY", PROVIDED SUCH ESTABLISHMENT PROVIDES REQUIRED R_--- OFF-STREET PARKING OR PAYS A MITIGATION FEE IN LIEU THEREOF; MORE PARTICULARLY BY AMENDING SECTIONS 54- 109, 54-111, AND 54-113; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Vice Mayor De Yurre and was passed on its first reading by title by the following vote:_ AYES: Commissioner Miriam Alonso = Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. _ Vice Mayor Victor Be Yurre - Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Plummer: Good night. ---------------------------------------------------------- -_ MEE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY _ DEFERS CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER NON -AGENDA ITEMS.] ---------------------------------------------------------- 28. SCHEDULE PUBLIC HEARING CONCERNING EXPANSION OF EXISTING ROOF AREA OVER PROPERTY AT 45 W. FLAGLER STREET (PAUL WALKER MINI PARK) FOR PROPOSED RESTAURANT AND MINIMAL RETAIL SPACE. ------------------------------------------------------------------------------ Vice Mayor De Yurre: Mr. Mayor, I have a pocket. Commissioner Alonso: Yes, I have two things, Mr. Mayor, that I ask you. One Is, I would like to request that a hearing be scheduled for a special exception for 46 West Flagler Street to consider the expansion of a restaurant = on a City park, on the Commission meeting of March 11th, at 5:00 o'clock. I so move. 235 February 25, 1993 Commissioner Plummer: again. Commissioner Alonso: Well, wait a minute. wait a minute. Say that one It's... Commissioner Plummer: You want to expand? Commissioner Alonso: Yeah. It's a special exception and they need... Mr. Sergio Rodriguez (Assistant City Manager): Right. Commissioner Alonso: ...a hearing and what I'm requesting is that it be placed on the March 11th agenda at five... Commissioner Plummer: What would the special exception provide for? Commissioner Alonso: To allow the expansion of the restaurant. Mr. Rodriguez: You agreed, one year ago... — Commissioner Plummer: From a zoning standpoint or contractual? Mr. Rodriguez: From a zoning standpoint. Commissioner Alonso: Zoning. Commissioner Plummer: But that doesn't exclude... that doesn't include the contractual Mr. Rodriguez: The contractual, I believe, that you agreed about one year ago to allow this park to be used for expansion of a restaurant. It's the mini park... - Commissioner Plummer: OK. All right. Mr. Rodriguez: ...that is located on Flagler Street. Commissioner Plummer: Fine. Commissioner Alonso: And if it's not placed in the March 11th... ;- Commissioner Plummer: Second. Commissioner Alonso: Thank you. Vice Mayor De Yurre: OK. Call the roll. 236 February 25, 1993 Art-, The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 93-134 A MOTION SCHEDULING A PUBLIC HEARING ON MARCH 11, 1993 TO CONSIDER EXPANSION OF THE EXISTING ROOF AREA OVER PROPERTY LOCATED AT 45 W. FLAGLER STREET (PAUL WALKER MINI PARK) FOR A PROPOSED RESTAURANT AND MINIMAL RETAIL SPACE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: - AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez 29. GRANT $100,000 LOAN TO HAITIAN AMERICAN FOUNDATION, INC. TO OPEN A SALVATION ARMY TYPE OF STORE -- CITY TO HAVE RIGHT OF AUDIT -- LOAN TO BE CUT OFF IF PAYMENTS ARE NOT MADE. ------------------------------------------------------------------------------ Commissioner Alonso: And the last item, it was... I had requested for Mr. — Ringo Cayard, and I don't know at this hour how much time he will have to be able to say... _ Commissioner Plummer: How long does it take to say, "I need money"? Commissioner Alonso: ...terms and the problem that he's facing and that we requested on time, but it was not placed on the agenda and that's why we = wanted to do it earlier during the day. Commissioner Plummer: Ringo, have you taken it before the Administration like I recommended you do? Mr. Ringo Cayard: I did. Commissioner Plummer: OK. Mr. Manager... Mr. Cayard: I sent a letter to the Mayor and all the Commissioners, Commissioner Plummer: No, but you... Commissioner Dawkins: No, wait... 237 February 25, 1993 Commissioner Plummer: Oh, you do not recommend. Mr. Cesar Odio (City Manager): We don't have any money. Mr. Cayard: OK. No, we do have some money. Maybe the Manager is mistaken. -_ My name is Ringo Cayard, Oa N.E. 36th Street, the Haitian... Commissioner Plummer: But wait. Wait a minute. You say you have no money, Mr. Manager. We set aside... Commissioner Alonso: Yes. Commissioner Plummer: ...two hundred thousand dollars of the... Commissioner Alonso: For the... Commissioner Plummer: ...of the community money... Commissioner Alonso: ...Haitian community. Commissioner Plummer: ...for the Haitian community. Commissioner Alonso: Yes. Commissioner Plummer: Now, that's what I think... Commissioner Dawkins: But we also set aside that it would be divided between three groups. Mr. Odio: That's right. Divided... Mr. Cayard: That's correct. Commissioner Dawkins: We didn't say we were going to give it all to one group. Mr. Cayard: That's right. Mr. Odio: You see, that's the point. It was... Commissioner Plummer: Miller, I didn't say that. OK? Commissioner Dawkins: Oh, OK. OK. All right. Commissioner Plummer: He might not get but a few sheckles, but there is money. Commissioner Dawkins: There is money. OK. All right. Commissioner Plummer: All right. Commissioner Alonso: Yeah. Commissioner Dawkins: OK. I hear you. 238 February 25, 1993 Mr. Odios Yeah, but we haven't seen a budget, we haven't seen anything... Commissioner Plummer: OK. But wait a minute, Mr. Manager. For you to make a statement that there is no money... Mr. Odio: Because he wants the whole bundle. Commissioner Plummer: That's... He can want all the hell he wants. Mr. Odio: All right. Commissioner Plummer: All right? Now, Ringo, did you give the man a budget? Mr. Cayard: Yes, we did. And this is maybe the seventh time that we come in front of the Commission. Commissioner Plummer: Who did you give the... Mr. Cayard: Frank has one. Commissioner Alonso: They have a budget. Mr. Cayard: So... Mr. Odio: Did he recommend it? Mr. Cayard: Yes, he did. Mr. Odio: Well, not to me. Commissioner Plummer: Frank, this is Cesar. Mr. Frank Castaneda: I haven't discussed this with the Manager. Commissioner Plummer: Cesar, this is Frank. Mr. Castaneda: I haven't discussed it with the Manager. Their proposal is $108 040. Basically, they want to start a Salvation Army type of store, where they will get donations of materials and equipment and then they will sell it to... basically, in the Haitian community and thereby create a revenue for... a revenue source for the entity. What they are requesting is $50,000 as a grant and $58,340 for this project, for a total of a hundred and eight as a loan... , Commissioner Plummer: A grant or a loan? Mr. Castaneda: They're asking $50,000 as a grant... Commissioner Plummer: No, no. Mr. Castaneda: ...and $58,340 as a loan. 239 February 25, 1993 r a� Commissioner Plummer: No. I'll go for a loan for a hundred and eight..* a hundred thousand, a flat $100,000. That I'll go for, with them providing- - whatever is necessary in the way of collateral and that... and it's at what interest? Mr. Odio: What do you mean by collateral?= Commissioner Plummer: Collateral. That we'll collect the money. Mr. Odio: Normally, collateral would be a personal guarantee. Commissioner Plummer: Ringo's got that kind of money. Mr. Cayard: No, because Ringo does not own the Haitian American Foundation. I want that to be clear. Ringo is a citizen, just like every one of you, who is trying to help out the community. Commissioner Plummer: OK. All right. But Ringo... Mr. Cayard: So, how could I give a personal guarantee of $100,000 on a loan to the community? Commissioner Plummer: All right. Then Ringo, if nobody is willing to come forth with something of collateral, then we've got to have a direct say in how those monies are spent. Mr. Cayard: Oh, that's fine with me. Commissioner Plummer: OK? Mr. Cayard: But what we want you to understand, you set aside $200,000 for the Haitian community over 10 months ago. So... Commissioner Plummer: I'm willing to give you a hundred in a loan. Mr. Cayard: Now we're going to have to... Commissioner Plummer: What interest, Mr. Manager? Mr. Cayard: ...get back the money back to the federal government, if we don't do something with it. Commissioner Plummer: What interest, Mr. Manager? Mr. Cayard: It's either you're giving it to the Haitian community, or you're not giving it. Mr. Odio: Six percent. Commissioner Alonso: Exactly. Commissioner Plummer: No, that's two much. Mr. Odio: What is your... Six percent? 240 February 25, 1993 Commissioner Plummer: No, three... Mr. Cayard: The banks are charging three percent. Commissioner Plummer: Three percent is fair. Mr. Cayard: That's what I'm getting on my CDs at the bank. Commissioner Plummer: I' move, Mr. Vice Mayor, at this time that we grant, with the proper precautions in-house being guaranteed, $100,000 loan to the Haitian Foundation, in the form of a loan at three percent. Mayor Suarez: So moved. Commissioner Plummer: But that the City has full and complete approval and control at all times of those monies, with a right of audit. Mr. Cayard: OK. What... Mayor Suarez: So moved. Mr. Cayard: Let me say something, Mr. Plummer. Commissioner Plummer: Sir. Mr. Cayard: We want to know when. Because, of course, if we get the $100,000, we cannot start payment tomorrow on that. Commissioner Plummer: You can get it... Mr. Cayard: So, we need a... Conmissioner Plummer: You can get it next week. Frank? Mr. Cayard: We need a moratorium on that. Commissioner Plummer: Can't they get the money next week? Depending on you bringing in the proper budgets and the required... Mr. Cayard: We have the budget. Commissioner Plummer: ...the required documents that the City normally will want. Can't they get a check next week? Commissioner Alonso: Yeah. What he's trying to say... Mr. Odio: If we... Commissioner Alonso: ...that it's reasonable that they are given a time... Mr. Cayard: I want to know what guarantee... Mr. Castaneda: Yeah. 241 February 25, 1993 Mr. Cayard: Exactly. Mr. Castaneda: Yeah. Mr. Odio: Yeah, but... Commissioner Alonso: ...so it gives them an opportunity to get on their way. Vice Mayor De Yurre: Quarterly payments. Commissioner Plummer: That's... Vice Mayor De Yurre: Make quarterly payments. Commissioner Plummer: That's it. Vice Mayor De Yurre: Quarterly payments. Three months. Mr. Cayard: But give us the first six months, at least, to set up. Vice Mayor De Yurre: Well, you can always pay out of the money you're getting. Commissioner Alonso: It seems reasonable. Mr. Cayard: Yeah, but... Commissioner Plummer: OK. That's fine, as long as the City has full control... I would much prefer, and I've got to be honest with you... we're not going to give you any money. You surrender bills... Mr. Castaneda: Right. Commissioner Plummer: .:.and we will pay the approval of the bills. OK? Mr. Castaneda: Right. We would do a note and we would be reimbursing... _ Commissioner Plummer: And they will draw down... Mr. Castaneda: ...until the money is expended. Commissioner Plummer: They wi l l draw down on the loan, predicating on them surrendering bills that you approve, you will issue checks at that time. Mr. Castaneda: Right. And we would... And... Commissioner Plummer: And the payments... repayment starts in six months, for the loan not to exceed how long? - Mr. Cayard: Three years. Two years, three years. Three years. 242 February 25, 1993 Mr. Cayard: Two years. Commissioner Dawkins: Mr. Castaneda... Commissioner Plummer: What? Commissioner Dawkins: OK. Is that a motion? Commissioner Plummer: Yeah. Commissioner Alonso: Yes, I already seconded. Mr. Cayard: And, also... Commissioner Dawkins: All right. Call the roll. Mr. Cayard: As far as the guarantee is concerned, I want that to be clear. Because I don't want... Commissioner Alonso: He did not include the guarantee in the motion. Commissioner Plummer: No, no. Mr. Cayard: OK. Good. Commissioner Alonso: So, it's... Commissioner Plummer: No, no. Not once they're going to have the whole control. Commissioner Alonso: Yes, yes. Commissioner Plummer: I'm not worried about the guarantee. He's my... Mr. Cayard: OK. And also... Commissioner Dawkins: OK. Call the roll. Mr. Cayard: And I would like t Know if it's possible for that to start next week. Commissioner Plummer: Frank is my guarantee. Mr. Cayard: Because we don't want to come back in front of the Commission. Commissioner Alonso: Frank, yes. Commissioner Alonso: Can they start next week? 243 February 25, 1993 Commissioner Dawkins: I move that... Commissioner Alonso: Yes. Commissioner Dawkins: I move that we defer this, because Ringo doesn't know how to stop talking and we come back next time. Vice Mayor Be Yurre: Call the roll. Mayor Suarez: OK. On the item before us... Commissioner Alonso: Yes. Next week. Mayor Suarez: ...what is the motion? Commissioner Plummer: The motion is... Commissioner Alonso: A hundred thousand. Commissioner Plummer: ...that we grant $100,000 amount of money for a loan at three percent. The payments do not start for six months. It will not be given in a lump sum. They will surrender bills, which they will draw down on bills approved by Frank or his department, period. Vice Mayor Be Yurre: OK. What... Commissioner Dawkins: And that Mr. Cayard is not responsible personally for the loan. Unidentified Speaker: The terms? Commissioner Plummer: The term... Vice Mayor Be Yurre: What are the terms of the loan? How many years? Commissioner Alonso: Yes. Commissioner Plummer: The term 1s one year renewable, if we wish to renew it. Vice Mayor Be Yurre: So, what do you mean by one-year? That in... Commissioner Plummer: From the six month first period. Vice Mayor Be Yurre: OK. Now, but you're talking about in six months they only have to pay interest or they also have to pay principle? Commissioner Plummer: The first six months they don't have to pay anything. Vice Mayor Be Yurre: Just interest. Commissioner Plummer: They don't have to pay... Commissioner Alonso: Six months - nothing. 244 February 25, 1993 Commissioner Plummer: Hey, are we here to help or bust their buts? Vice Mayor De Yurre: What I'm saying... At the beginning of the... Mayor Suarez: Well, sometimes it sounds like you're here to... Conrnissioner Plummer: We're here to help there. Vice Mayor De Yurre: At the end of the six months... Guys, listen to me, J.L. Commissioner Plummer: I hear you. Mayor Suarez: Just... He's trying to get the terms. That's all. Vice Mayor De Yurre: At the end of the six months, you're saying, no interest for the first six months. How do they pay afterwards? Monthly? Mr. Castaneda: You can't do that. Commissioner Alonso: Interest. Mr. Castaneda: What, you're going to pay $10,000 a month? Commissioner Plummer: I'll leave that up to Frank. Commissioner Dawkins: The principle and interest, after the six months. For a month... Monthly. Mayor Suarez: ...done by that date. Commissioner Plummer: You want it monthly? You want it quarterly? How do you want it? Vice Mayor De Yurre: Well, I don't know. Well, let them work it out then. Commissioner Alonso: Sure. Vice Mayor De Yurre: We've got the gist of it. Commissioner Dawkins: OK. Call the roll. Commissioner Plummer: OK. Mr. Cayard: Explain to them... Mr. Castaneda: Commissioners, in one year that would be... Mr. Odio: Can I clarify something, please? I've been told so many... They owe us $50,000... Mr. Cayard: Yeah, we know that. 245 February 25, 1993 Aft Mr. Odio: ...from another loan. Mr. Cayard: Yeah, we know that. Mr. Odio; So, how do we start this rolling? Unidentified Speaker: ...September, we don't... Vice Mayor De Yurre: Well, and... Mr. Cayard: No, because that was for September. Commissioner Alonso: It was extended by this Commission. Mr. Cayard: That was extended already by the Commission. Commissioner Dawkins: Now it comes out. Commissioner Alonso: It was extended by this Commission. Mr. Cayard: Yes, exactly. Mr. Odio: Until June. But I mean, you're going to have two. Mayor Suarez: I heard that. Vice Mayor De Yurre: You're talking about that track... Mr. Cayard: Yeah, but we are in February now. Commissioner Alonso: Aren't these two different things? Vice Mayor De Yurre: But doesn't it go to the track record? Mr. Odio: A loan is a loan is a... Commissioner Plummer: If they owe us, they owe us. Commissioner Alonso: What? Mr. Odio: A loan is a loan. So... Mr. Pablo Perez Cisneros: Maybe we can piggyback it. Commissioner Alonso: In which way? What are you suggesting? Mr. Cisneros: Add it up to the $100,000. Mr. Odio: You know, also... Mr. Cisneros: Restructure the 50, add the 100... Mr. Odio: Restructure the 50. 246 February 25, 1993 - �.. ' m Alb Mir. Cisneros: ...and then it becomes $150,000 loan. Vice Mayor De Yurre: Are we realistically expecting this to be paid back? Commissioner Alonso: Oh, you mean put... Vice Mayor De Yurre: Can we talk? Commissioner Alonso: Do you have any objections to that? Mr. Odio: I don't expect it to be paid back. Vice Mayor De Yurre: Can we talk? Commissioner Plummer: I definitely... Commissioner Alonso: Well, he has no... Commissioner Plummer: ...expect it to be paid back. MM. Odio: He has never paid back. Vice Mayor De Yurre: Huh? Mr. Odio: He never has. Commissioner Plummer: Because let me tell you... Commissioner Alonso: Well... Vice Mayor De Yurre: Can we talk? Commissioner Plummer: ...if it's not paid back, Mr. Ringo Cayard better never show his face back here again. Commissioner Alonso: He knows that. Commissioner Dawkins: OK. Are we going to do anything hers? Mr. Cayard: We have the motion. Commissioner Plummer: Well, I made a motion. Commissioner Dawkins: Well, then all right. The motion is on the floor. It properly was seconded by Commissioner... I mean, Commissioner Alonso. Mr. Castaneda: Commissioner... Commissioner Plummer: I think the only question is... Commissioner Dawkins: Properly on the floor and here J.L. goes again to reconsider. 247 February 25, 1993 Commissioner Plummer: Would you like to clarify it? If you don't, that's all right with me. Whether it's to be paid back after six months monthly, quarterly? How do you want to do it? It's... Commissioner Dawkins: You made a motion, you say something. Commissioner Alonso: I think the Administration can work out the,.. Commissioner Plummer: I say make it quarterly. Mr. Castaneda: OK. Can we extend the loan payments? Commissioner Dawkins: So, that's... Mr. Castaneda: Because I think it would be very difficult for him to pay $100,000 in one year. Commissioner Plummer: One year option. OK? Mr. Castaneda: Then you're saying that it's only interest and the principle will balloon until the end of the year? Commissioner Plummer: That could be, if we so demand. Yes. After the first six months. Mr. Cisneros: Can we make an amortization... Or something like that? Commissioner Alonso: That's why you were asking for a three-year loan, rather than one? Mr. Cayard: That would be better. Commissioner Alonso: Because of the payment might be too high. Mr. Cayard: Yes, that would be much better. Commissioner Pltner: But you know what you're doing when you make it three years. They're not going to be able to come back here and get any more money, 1n my estimation, for three years. Because, you know, once you're in debt to me... Commissioner Alonso: lkn-hmn. Commissioner Plummer: ...you're in debt. Now, you cane back here and ask for more money with clean hands. Mr. Odio: Well, that's... Commissioner Plummer: Clean hands means pay up everything you owe. Mr. Odio: That's what I mean, including the $50,000. Commissioner Plummer: I didn't know that they owed... That's it. 248 February 25, 1993 Mr. Odio: Including the $50,000 that is due in June. Commissioner Alonso: Yeats. But what Frank is saying makes sense. A hundred and fifty thousand dollars might be too much money... Mr. Castaneda: Yes. Ccxnmissioner Alonso: ...for him to pay in a year. Mr. Odio: Yeah, but... Mr. Cayard: Right. Commissioner Alonso: While if the payments are extended, like maybe we can make it monthly payment... Commissioner Plummer: Are they not... Commissioner Alonso: ...or the quarter payments, on the basis of if it were for three years, but in fact it's for one year. We could do that. Commissioner Plummer: Well, but let's also remember, according to his statement... His statement is they're going to go out and buy materials and they're going to sell them to the community and it's going to be a source of revenue. Mr. Cayard: Yeah. Commissioner Alonso: No, that's why I'm saying, at the end of the year... Commissioner Plumhier: OK. So, he's praying... going to be there to make sure that source of revenue is also put aside for the City's repayment of the loan. Mr. Cayard: Of course. Commissioner Alonso: Exactly. But what we are saying is, it might be that the payments might be too high for him. So, if we adjust them in a way that even though it's for a year, the amount can be worked out as if it were for a three year loan. Adjust the amount of the payments and it gives therm an opportunity... Commissioner Plummer: Putting him under the pressure, that's... Commissioner Alonso: ...to make the money necessary to pay the City of Miami. Commissioner Plummer: Sure. Commissioner Alonso: Do you agree with that, Frank? Mayor Suarez: The amortization schedule can be set up so that the payments are... Mr. Castaneda: Yes. 249 February 25, 1993 Mr. Castaneda: We can amortize it over three years. - Commissioner Alonso: Exactly. Mr. Castaneda: We can call the end of year one and then you would come here. Commissioner Plummer: Hey, three years is fine with me... fs. - Commissioner Alonso: Yes. Commissioner Plummer: ...but Ringo, don't come back here for three years. Commissioner Alonso: No, but... Mr. Cayard: That's two different matters. _ Vice Mayor De Yurre: Now, are we talking... Nov... _ Commissioner Alonso: No, we're talking about a year... Commissioner Plummer: We're going to keep you alive. That's what it... Commissioner Alonso: ...with renewals, but payments... - Commissioner Dawkins: Call the roll. Commissioner Alonso: ...based on three year payments. Yes. Commissioner Dawkins: Call the roll. Commissioner Alonso: Just for the payments, not necessarily for the length of the loan. — Vice Mayor De Yurre: You've got to amortize over three years, the payments. = Mr. Cayard: Exactly. Commissioner Dawkins: Call the roll. Vice Mayor De Yurre: Amortize over three years. Now, if... What happens if a payment doesn't come in? Do we stop right then and there and don't give out any more money, even if there is still money remaining in the line? Or do we just keep... We don't get anything back? We just keep giving and giving and giving. Mr. Odio: Cut it off. Vice Mayor De Yurre: Huh? Mr. Odio: You cut it off right there. 250 February 25, 1993 y luu majur ve iurre: unLe d payment 15 nut fnda@... Mr. Odio: That's correct. - Vice Mayor De Yurre: ...no more money is given. e fi Mr. Cayard: That's fair. Vice Mayor De Yurre: That's fair enough. Commissioner Alonso: No new money? _ Mr. Cayard: That's fair. Commissioner Alonso: Of course. _ Mayor Suarez: All right? Mr. Cayard: And also, there is one thing I want to say... I want to clarify. This is... Frank will advance us the money on payment, but if we don't have the money, we cannot buy. I would prefer that to read, "on submission of the bill, or invoice." _ Commissioner Plummer: No, no. You give a purchase order... Mr. Cayard: Yeah. - Commissioner Plummer: ...and he'll approve it or not approve it. — Mr. Cayard: That's exactly what I said. Commissioner Alonso: Yeah. Commissioner Plummer: Yeah. Commissioner Alonso: Sure. Commissioner Dawkins: Call the roll. Mayor Suarez: All right. Do we have a motion and a second... Commissioner Alonso: Yes. Mayor Suarez: ...which is more or less fairly understood? If so, please call the roll. - 251 February 25, 1993 E E The following resolution was introduced by Commissioner Plumper, w1ho moved its adoption: RESOLUTION NO. 93-135 A RESOLUTION.AUTHORIZING THE CITY MANAGER TO EXCECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO AN EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE HAITIAN AMERICAN FOUNDATION, INC. ("HAFI") FOR THE PURPOSE OF PROVIDING AN ADDITIONAL $100,000 LOAN, THEREBY INCREASING THE OUTSTANDING PRINCIPAL LOAN AMOUNT TO $150,000, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: (A) SAID ADDITIONAL LOAN WILL BE AMORTIZED OVER A THREE YEAR PERIOD AT AN INTEREST RATE OF THREE PERCENT (3%) PER ANNUM; (B) PAYMENTS WILL BE MADE QUARTERLY COMMENCING SIX (6) MONTHS AFTER THE DATE OF EXECUTION OF THE AMENDMENT TO THE AGREEMENT; (C) THE CITY RETAINS FULL AND COMPLETE CONTROL OF SAID FUNDS AT ALL TIMES WITH THE RIGHT TO AUDIT AND DISBURSEMENT OF SUCH FUNDS WILL OCCUR ONLY UPON PRESENTMENT OF A PURCHASE ORDER TO THE CITY MANAGER WHICH THE MANAGER MAY APPROVE, IN HIS SOLE DISCRETION, AND THERE ARE NO EXISTING DEFAULTS AT THE TIME OF SUCH DISBURSEMENTS; (D) HAFI SHALL NOT BE ELIGIBLE FOR ADDITIONAL LOANS UNTIL THIS LOAN HAS BEEN REPAID; ALLOCATING FUNDS THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND AND SPECIFIED AS THE "LITTLE HAITI PROJECT RESERVE FUND." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING THE ROLL CALL: Commissioner Dawkins: I need a clarification. It was $200,000 for the Haitian community...and you just gave away $100,000. Do we give the other $100,000 to one group, or do we take the $100,000 and divide it and try to give it to two groups? I'need to know that now. 252 February 25, 1993 Commissioner Dawkins: Yes. Commissioner Plummer: I say try to give it to two groups. Commissioner Dawkins: OK. That's all I need. Mayor Suarez: All right. Complete the roll please. Ms. Matty Hirai (City Clerk): Continuing roll call. 30. AUTHORIZE, IN PRINCIPLE, NON-EXCLUSIVE USE OF CURTIS I`)ARK SPORTS STADIUM AND ITS FACILITIES BY INTERNATIONAL. SOCCER LEAGUE OF MIAMI, INC. -- TO CONDUCT A COMMUNITY -BASED SOCCER PROGRAM -- ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS -- AUTHORIZE CITY MANAGER TO ISSUE A PARK PERMIT. Vice Mayor De Yurre: OK, Mr. Mayor... Mayor Suarez: Anything further? Any emergency? Yes, Commissioner De Yurre... Vice Mayor. [AT THIS POINT, VICE MAYOR DE YURRE READS THE RESOLUTION INTO THE RECORD.] Commissioner Dawkins: I second. Mr. Cayard: Did they vote on it? Mayor Suarez: So moved. , Commissioner Plummer: Who is this? Commissioner Dawkins: Second. Mayor Suarez: Second. Vice Mayor De Yurre: These individuals right here. They're a nonprofit organization. They're going to provide... Commissioner Plummer: And how many times are they going to use it? Vice Mayor De Yurre: They're going to use it on weekends and they're going to have a youth program. Commissioner Plummer: How long? Are they talking about ten uses? Are they talking about five uses? Mr. Alberto Ruder: The resolution is based on just the charge per day. We haven't set the schedule yet. It's a permit for one year. They... For 253 February 25, 1993 Mayor Suarez: You have that flexibility built into the resolution? Mr. Ruder: Yes, yes. This 1s just establishing how much we would charge them per each time they use... Commissioner Plummer: How much are you going to charge them? Mr. Ruder: We're going to charge them $250 per day, $100 per for concession, $50 for the press box. They pay all expenses... Commissioner Plummer: Is this daytime or nighttime? Mr. Ruder: If they do play at night, we'll charge them this plus the cost of the lights - whatever the applicable rates are. Mayor Suarez: All right. Mr. Ruder: And if they're not charging for admission... If they do, we'll charge them for the surcharge also. Mayor Suarez: All right. Commissioner Alonso: And the number of dates that they will be using, this resolution sets any times that they will be using it or not? Mayor Suarez: It gives you... I think it gives them the flexibility of working that out. Mr. Ruder: It gives us the flexibility of working that out, since we... Mayor Suarez: But make sure you don't conflict either with the general public use.., Mr. Ruder: Yeah. Mayor Suarez: ...or with high school and some other uses of the facility. Mr. Ruder: Right, right. And then they're also doing a clinic for kids, a minimum of eight hours a week, soccer clinic... Commissioner Plummer: Let me tell you something. I would be more comfortable approving it today with X number of days... Mayor Suarez: Or maximum. Commissioner Alonso: Maximum. Commissioner Plummer: Maximum. Mayor Suarez: Maximum? 254 February 25, 1993 a Commissioner Plummer: Yeah. Mayor Suarez: Give us a maximum. See if we can build that in. Commissioner Plummer: In effect, what you're doing here... Commissioner Alonso: Why... Commissioner Plummer: ..with this ordinance is you're giving them almost full and... Commissioner Alonso: Why the urgency of having it as an emergency item today? Mr. Ruder: Well, it is my understanding that this group has a whole bunch of private sponsors who are waiting to get an answer to participate. They have Coca-Cola, who wants to do a big tournament, a soccer championship there. And they... They cannot wait until the next Commission meeting, which is... Mayor Suarez: Give us... Commissioner Alonso: Why didn't they come when they were looking for the sponsors? Vice Mayor De Yurre: Say what? Commissioner Alonso: They know they were working on this. Didn't they? Commissioner Plummer: All right. What's... Mr. Ruder: We just started... We just talked to them recently. Commissioner Alonso: Because really, we are approving something, a resolution, giving them authorization for the use of this park and we know very little. We haven't even read this resolution. It was given to us right now. We haven't even seen... Vice Mayor De Yurre: How many... Commissioner Alonso: ...through the Awareness Program, I haven't even been told... Mayor Suarez: Yeah. Commissioner Alonso: ...until a few minutes ago that you told me there was a possibility this was coning us. Mayor Suarez: Part of it's... Yeah. Part of it is... Commissioner Alonso: And we had no idea. Why didn't they talk to us? Mayor Suarez: Yeah. Part of it is rate setting, which we can do quickly, because they sound reasonable and you're recommending it. Commissioner Alonso: True. 255 February 25, 1993 Mayor Suarez: Part of it, though, is allocating the use of the park for an entire year. That's the scary part. Commissionet Alonso: Yeah. Mayor Suarez: Can you give us, at least, a maximum number? Vice mayor De Yurre: How many days do you expect to use the park for actual games? Not for the youth program, because that's something extra. Commissioner Alonso: Because what J.L. says is right. Mayor Suarez: Give us the maximum. Yeah. Commissioner Alonso: We have no... Mr. Ruder: He's saying 30 weekends - Saturdays and Sundays. Commissioner Plummer: Oh, no. No, no. Commissioner Alonso: That's taking the park. Commissioner Plummer: No, that's crazy. Commissioner Alonso: You're giving the park. Commissioner Plummer: ...going to pay us for $250? Mayor Suarez: A day. Vice Mayor Be Yurre: J.L., that thing has not been used for years. Mayor Suarez: Plus concession. Commissioner Plummer: Yeah, but we're hoping it's going to be used. Vice Mayor Be Yurre: Well, in... Commissioner Plummer: We're trying to push everybody out of... Vice Mayor De Yurre: The Administration... But nobody is in there. You can't go in there to play regularly. That's not open to the public, that area. That is a stadium for events. That's not open to the public. Mr. Ruder: The... Vice Mayor Be Yurre: You can't go in there and play. Commissioner Plummer: Victor, that's 25% of the weekends out of a year. Vice Mayor Be Yurre: J.L., we're giving the Administration the flexibility to make adjustments on the schedule. 256 February 25, 1993 Commissioner Alonso: Can we approve something tonight that is not binding for a year, that is not binding for this number of times and it gives them... - Because I suppose that you want this resolution so that you can go to the = people and say, "We have a place and you're going to sponsor us," and you have _ something in hand. But at the same time, we would like to see something more - concrete to be able to approve. Mr. Ruder: OK. So, you're saying that you want to approve the rates, and the fact that they can use it and then... Vice Mayor De Yurre: Let's approve it in concept. Mr. Ruder: OK. Mayor Suarez: Yeah, we're approving it in concept... Commissioner Alonso: Concept, but it's not binding. Mr. Ruder: OK. Mayor Suarez: ...and the rates, but we're... we want to see a schedule. Mr. Ruder: OK. _ Mayor Suarez: We want to see a schedule and be sure that it makes sense to give them that many days. Commissioner Alonso: Yeah. Mr. Gustavo Paredes: My name is Gustavo Paredes and I live at... Mayor Suarez: What the hell difference does that make right now? Please, please. I love this man and I love his name, should we not do what was just suggested? Why 1s he going to speak now? I mean, this is an emergency item. Vice Mayor De Yurre: OK. Mayor Suarez: You're taking it out of context and now we're going to have a presentation made? For God's sake. Why should we not do what we just said? Is that going to prevent them in any way from functioning? Commissioner Alonso: In principle, we approve it and... Mr. Ruder: Not that I... Mayor Suarez: All right. Good. Let's pass it then. So moved and seconded. Commissioner Plummer: Call the roll. Mayor Suarez: Call the roil. 257 February 25, 1993 RESOLUTION NO. 93-136 (RESOLUTION ON THE HEREINABOVE ITEM IS STILL PENDING TO BE RECEIVED FROM THE LAW DEPARTMENT.) (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Plummer: Good night. Mayor Suarez: You've got most of what you want, sir. You just need to make sure we get a schedule. Dt,OTTEE: AT THIS o POINT, Y THE CITY COMMISSION RESUMES CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA.] ---------------------------------------------------------- 258 February 25, 1993 --- ------------------------------------------------------------------------------ 31. CONTINUE ALL PLANNING AND ZONING ITEMS NOT TAKEN UP ON THIS DATE (PZ-89 PZ-9, PZ-14, PZ-15) TO MARCH 25TH MEETING. ------------------------------------------------------------------------_------ Mr. Sergio Rodriguez (Assistant City Manager): ...continue all the Planning and Zoning items that were not heard until March 25th. Commissioner Alonso: OK. Move it. n� Mayor Suarez: Very good. So moved by Commissioner Alonso. I second. Call the roll, please. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 93-137 A MOTION TO CONTINUE ALL PLANNING AND ZONING ITEMS NOT TAKE UP ON THIS DATE (PZ-8, PZ-9, PZ-14 AND PZ-15) TO THE MARCH 25, 1993 COMMISSION MEETING. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: _ AYES: Commissioner Miriam Alonso Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:36 PM. Xavier L. Suarez N A Y 0 R ATTEST: I OAP Natty Hirai CITY CLERK Waiter J. Fran ASSISTANT CITY CLERK o OaC�Of � DOME � ��`� February 25, 1993